Withdrawal of consent after second motion
2 years ago
How does one withdraw consent in a MCD case , after both parties have given consent for divorce in second motion ?
A.Consent can be withdrawn at any point of time before the decree/judgement is passed is in MCD as free consent is most important element of Mutual Consent Divorce.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap talaq nhi dena chahte hai to apne advocate se ek allocation me sampurn fact likh kar ki kin karno se divorce nhi chahte ho. Move kare court ke samne. Aap ka application entertain kiya jaiga court us par order pass kar degi.
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Ranjith Gotur
Responded 2 years ago
A.You can let your advocate know, you can file an application/memo to that effect.
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A.Can spouse withdraw consent after second motion?
Here is the brief history of case
- Section 13B filed after 1 year of separation. In first motion both parties appeared.
- Before second motion wife filed application to withdraw consent.
- During second motion she mention in her affidavit that she don't want maintenance money. We appeared before Judge and second motion along with her statement recorded. Judge given next date. However on same day before appearing to court she asked Rs. 4 lakhs, which we paid via demand draft and we took receipt for gold, her all items and Rs. 4 lakh.
- After second motion she is not coming to court for three consecutive dates.
My questions are
1. Can she withdraw her consent even after second motion?
2. What if she doesn't appear in court?
3. If Family court give any negative decision, Is there chance to get divorce in HC?
Asked 3 years ago in Family Law
Religion: Hindu
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15 Answers
During second motion she withdraw her application regarding "Withdraw consent".
Asked 3 years ago
Dear Querist
My opinion on your queries are as under:-
1. Can she withdraw her consent even after second motion?
Opinion:- when the statement of parties has already been recorded before the court in Second motion of Mutual Consent Divorce then there is only left the Judgment of the Court and now she can not withdraw her consent.
2. What if she doesn't appear in court?
Opinion:- After recording the statement on second motion of mutual divorce proceedings, there is no requirement for appearance of the parties.
3. If Family court give any negative decision, Is there chance to get divorce in HC?
Opinion:- if Family Court consider her application of withdrawal of the consent then only the court pronounce the negative Order and you may file the appeal before the High Court or you may file contested divorce before family court based on cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955
1) wife can withdraw her consent before passing of divorce decree . Supreme Court has held that mutual consent as contemplated under Section 13-B (2) of the Hindu Marriage Act should continue until the divorce decree was passed by court.
2) the SC held From the language of this section, as well as the settled law, it is clear that one of the parties may withdraw his/her consent anytime before the passing of the decree. The most important requirement for grant of divorce by mutual consent is free consent of both parties.”
2) if family court dismisses your divorce petition you can file appeal before HC
Here is the brief history of case
- Section 13B filed after 1 year of separation. In first motion both parties appeared.
- Before second motion wife filed application to withdraw consent.
- During second motion she mention in her affidavit that she don't want maintenance money. We appeared before Judge and second motion along with her statement recorded. Judge given next date. However on same day before appearing to court she asked Rs. 4 lakhs, which we paid via demand draft and we took receipt for gold, her all items and Rs. 4 lakh.
- After second motion she is not coming to court for three consecutive dates.
My questions are
1. Can she withdraw her consent even after second motion?
2. What if she doesn't appear in court?
3. If Family court give any negative decision, Is there chance to get divorce in HC?
Asked 3 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Ask a question
15 Answers
During second motion she withdraw her application regarding "Withdraw consent".
Asked 3 years ago
Dear Querist
My opinion on your queries are as under:-
1. Can she withdraw her consent even after second motion?
Opinion:- when the statement of parties has already been recorded before the court in Second motion of Mutual Consent Divorce then there is only left the Judgment of the Court and now she can not withdraw her consent.
2. What if she doesn't appear in court?
Opinion:- After recording the statement on second motion of mutual divorce proceedings, there is no requirement for appearance of the parties.
3. If Family court give any negative decision, Is there chance to get divorce in HC?
Opinion:- if Family Court consider her application of withdrawal of the consent then only the court pronounce the negative Order and you may file the appeal before the High Court or you may file contested divorce before family court based on cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955
1) wife can withdraw her consent before passing of divorce decree . Supreme Court has held that mutual consent as contemplated under Section 13-B (2) of the Hindu Marriage Act should continue until the divorce decree was passed by court.
2) the SC held From the language of this section, as well as the settled law, it is clear that one of the parties may withdraw his/her consent anytime before the passing of the decree. The most important requirement for grant of divorce by mutual consent is free consent of both parties.”
2) if family court dismisses your divorce petition you can file appeal before HC
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
In MCD case wife has right to withdraw consent after second motion but before the decree is paased.
Thanks
In MCD case wife has right to withdraw consent after second motion but before the decree is paased.
Thanks
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