• Compromise petition

I have filed divorce petition in District court, it was dismissed during 2024 and i have filed appeal in highcourt. Now the respondent came for compromise and we have filed compromise petition for divorce. But the judge has differed the proposal stating that compromises should be done at only district court not in high court. I and my husband have been living separately for the last 8 years. Now my age age is 43. 1.How much time will it take in district court. 
In highcourt earlier bench judge insisted for compromise petition and go mutual divorce and the next judge opposed compromise petition. Why is it so, there wont be one rule and the decision of one judge wont be accepted by other. Every one has their own perspective.
2. Is there any chances of accepting compromise petition in highcourt.
Asked 6 hours ago in Family Law
Religion: Hindu

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3 Answers

The legal position is that while a compromise is allowed in appeal, the High Court sometimes insists that the parties withdraw the appeal, file a fresh mutual consent divorce petition in the District Court, and then obtain a quick decree. 

2)

If you withdraw the appeal and file a new joint petition in the District court 

  • Given that you have been separated for 8 years, you are eligible to request the court to waive the 6-month cooling-off period.

Ajay Sethi
Advocate, Mumbai
100380 Answers
8209 Consultations

you can make application for waiver in trial court as you are separted for 8 years 

Ajay Sethi
Advocate, Mumbai
100380 Answers
8209 Consultations

assignment of high court judges would change after vacation . you can try making application in high court after vacations that petition be disposed of based on settlment arrived at between parties 

Ajay Sethi
Advocate, Mumbai
100380 Answers
8209 Consultations

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