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)

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

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 

Yes you can file consent terms in the said matter if it’s pending before HC and disposed in Familu court 

The High court cannot pass orders in the appeal for compromise settlement including mutual consent divorce. However the high court may suggest to withdraw the appeal and file a fresh petition for divorce on mutual consent divorce before the trial court.

Appeal has to be with drawn to file petition in family court 

make payment for phone consultation and call to enable me to guide you further in the case 

After the divorce case is numbered you may file a joint petition for hearing advance with evidence for final hearing on second motion immediately.

Since you both are living separately for 8 years the court may consider your case and pass an order accordingly.

You can file a petition within a week after the mutual consent divorce case is filed, for hearing advance and seek for hearing second motion immediately.

The court will consider based on the genuine reasons stated therein.

Since both you and your husband are now agreeable for divorce and have already been living separately for around 8 years, your case is legally well suited for a Mutual Consent Divorce under Hindu Marriage Act, 1955.

Different judges sometimes adopt different procedural approaches. One bench may encourage settlement and disposal directly in appeal proceedings, while another bench may prefer that parties approach the Family Court/District Court for recording mutual consent formally under Section 13B HMA. This variation happens because compromise in an appeal arising from a contested divorce dismissal is procedurally different from a fresh mutual consent petition.

The High Court technically does possess powers to record settlements and dispose of matrimonial appeals on compromise in appropriate cases. However, some judges prefer not to convert a contested appeal into a mutual consent proceeding directly and instead direct parties to follow the standard Section 13B route before the Family Court. Therefore, the differing approach of judges is more procedural than personal.

If both parties remain cooperative, the fastest and most practical option is usually:
either filing a joint memo before the High Court seeking disposal in terms of settlement,
or filing a fresh Mutual Consent Divorce petition before the Family Court.

Considering your long separation of 8 years, you may also request waiver of the statutory cooling-off period of 6 months as per the Supreme Court judgment in Amardeep Singh v. Harveen Kaur. Courts regularly waive the cooling period where:
parties have lived separately for long,
settlement is genuine,
and there is no possibility of reunion.

Therefore, if properly moved, divorce within 1–2 months is practically possible in many courts, especially where:
all settlement terms are finalized,
alimony/stridhan/custody issues are resolved,
and both parties cooperate fully.

Regarding withdrawal of the High Court appeal, ordinarily:
if you decide to file a fresh Mutual Consent Divorce petition in the District/Family Court, the High Court appeal may either be:
withdrawn,
kept pending temporarily,
or disposed of in terms of settlement,
depending on the High Court’s directions and the strategy adopted by your advocate.

Usually, advocates first ensure that the mutual consent petition progresses smoothly before formally withdrawing the appeal, so that your legal remedies remain protected until final disposal.

Given your age, prolonged litigation history, and 8 years of separation, courts are generally inclined to facilitate expeditious settlement rather than prolong the dispute further. Your case appears suitable for early disposal provided both parties consistently maintain consent.

Yes you have to withdraw the appeal pending before high court first for filing fresh divorce case in the trial court.

- If both the parties are agree for the mutual divorce , then there is no Court deny the same 

- However, this petition used to file before the family court of district court. 

- You can file a joint petition before the family court for getting mutual divorce and to pass an order of First motion 

- Further, move an application for waiving the cooling period of 6 months before the same court and file the petition for Second motion , and hence you can get the mutual divorce within maximum 2 months period 

Dear Client,

Yes, your compromise petition in the High Court is being deferred because the law presumes that divorce by consent (Section 13B HMA) must be processed in the District / Family Court, not directly as a compromise in the appeal. The earlier High Court bench may have encouraged mutual divorce as a practical settlement tool, but the later judge is stressing statutory procedure, which is why you are asked to go back to the Vijayawada District Court for a fresh mutual divorce or compromise decree. If you file a fresh mutual consent divorce petition in the District Court, the minimum statutory timeline is about 6 months, because Section 13B requires a cooling off period of at least 6 months (extendable to 18) between the first and second‑motion hearings unless the court waives it in a truly exceptional case. Getting a divorce in “one‑or‑two‑months” is generally not possible unless the court is willing to shorten the period, which is now done only rarely. Because you have an appeal already pending in the High Court, first withdraw the appeal (if possible with liberty to file a fresh petition) and then file the fresh mutual divorce petition in the District Court, or get the District Court to record a compromise in your original case and pass a decree in its terms. If you first get a mutual divorce decree in the District Court, your advocate can then move to dismiss the appeal as infructuous, since the issue (divorce) is already settled. 

I hope this helps and if you have any further issues do not hesitate to contact us.

Ask your lawyer to request the High Court to refer the case to mediation. The matter may be settled through mediation with the help of mediators. As per mediation report and agreement judge can finish your case 

Hi,

Sorry to know your position. You need to get the following done;

1. File for withdrawing the appeal in the High Court. 

2. Apply for Mutual divorce on the bench of Family Court. 

3. Application to waive the 6 month cooling period

4. In 3 dates, the divorce will be done, 

Thanks and wishing you the very best!

Adv. Raj 

Hyd,