Public Query / Open Forum

Contested to mutual divorce

My spouse filed for a contested divorce. I had not attended the first 2 hearings.On attending the 3rd,we are directed to mediation.I have not hired an advocate.Now I do not wish to contest and ok with mutual divorce. Should I tell this to my spouse and file a new petition for mutual divorce or instead attend mediation and let them know that I donnot wish to contest. Which is recommended.  
Advocate:- Singh
Advocate in Jaisalmer with Exp

if you want mutual divorce then first withdraw contested divorce than apply mutual divorce new petition. because both are held in different sections and different procedure

08/09/2025 08:59 am
Advocate:-
Advocate in Motihari with 5 Year Exp

If your spouse has already filed a contested divorce and the court has referred the matter to mediation, the simplest and legally proper step is to attend mediation and clearly state that you are willing to convert the case into a mutual consent divorce under Section 13B of the Hindu Marriage Act; if both of you agree in mediation, the mediator will record the settlement and the court can close the contested petition and allow you to file a joint mutual divorce petition, which is the cleanest and most accepted procedure. You do not need to file a new petition first or speak privately unless you want to—mediation is specifically meant for such consensual settlement discussions, and courts prefer conversion to mutual consent through mediation because it avoids duplication of proceedings.

03/12/2025 00:12 am
    rupesh kumar

    17/12/2025 19:36 pm

    contested divorce can be converted into a mutual consent divorce, but it must follow a legal process. Convert Contested Divorce into Mutual Divorce1. Both spouses must agreeYou and your spouse must agree on:Divorce by mutual consentAlimony/maintenance (one-time or monthly or nil)Child custody & visitation (if applicable)2. File a Joint Application (Compromise Petition)A joint application under Section 13-B (Hindu Marriage Act)This application is filed in the same court where the contested case is pendingMention clearly that both parties want to withdraw the contested case and seek mutual divorce3. Withdraw / Dispose of the Contested CaseCourt will record statements of both partiesThe contested divorce petition is withdrawn or disposed of as settledCourt converts it into a mutual consent proceeding
    rupesh kumar

    17/12/2025 19:39 pm

    contested divorce can be converted into a mutual consent divorce, but it must follow a legal process. Convert Contested Divorce into Mutual Divorce1. Both spouses must agreeYou and your spouse must agree on:Divorce by mutual consentAlimony/maintenance (one-time or monthly or nil)Child custody & visitation (if applicable)2. File a Joint Application (Compromise Petition)A joint application under Section 13-B (Hindu Marriage Act)This application is filed in the same court where the contested case is pendingMention clearly that both parties want to withdraw the contested case and seek mutual divorce Withdraw / Dispose of the Contested CaseCourt will record statements of both partiesThe contested divorce petition is withdrawn or disposed of as settledCourt converts it into a mutual consent proceeding
Advocate:- KALASKAR
Advocate in Bangalore with 39 Year Exp

Dear Sir, In mediation, you can officially state that you do not wish to contest the divorce and are open to a mutual settlement. If both parties agree, the mediator will record this, and the existing contested petition can be converted into a Mutual Consent Divorce petition.

31/12/2025 11:52 am
Advocate:- Srivastava
Advocate in Delhi with 30 Year Exp

Yes, if your wife too agree then before mediation cell you both can record settlement for divorce by mutual consent., thereafter, in terms of settlent you and your wife can file joint petition for fivorce by mutual consent. 

06/01/2026 15:44 pm