Withdrawal from mutual consent Withdrawal from mutual consent

2 years ago

I had filed for divorce due to continuous divorce threat from my husband and later agreed to mutual divorce also. My husband had asked for a chance but I refused. I am feeling guilty of not giving a chance. So, I asked to think again but now he refused. I have realized that I have made a mistake. I want to save the marriage. Will judge allow me to withdraw my consent or give one sided decision in his favor?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
You can save your marriage by withdrawing yourself from mutual divorce proceedings and thereafter enter into your husband’s house and continue your marital life peacefully.

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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.You can withdraw your consent anytime till divorce is granted.
Any party or both can withdraw it.
But you both are changing minds so often so think again with your decision.
You can discuss this in mediation/counselling session.
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Anik

Responded 2 years ago

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A.Hello
Consent for divorce by 'mutual consent' can be withdrawn by either the wife or the husband even after the expiry of the stipulated 18-month period and in such cases a decree for divorce cannot be granted, the Supreme Court has held.
So the judge/ court would allow you to think over your marriage again and would give you a chance to save your marriage.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello Ma'am
Yed the court would provide a chance to think again over your divorce and change your mind if you want to. Court could suggest you to go though the mediation process to solve your issue amicably on mutual terms and conditions agreed and live happily with your hudabnd.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Judge will always give the chance of reconciliation and that's why the Judge will always provide reasonable opportunity if one of the spouses is unwilling to give Divorce.However, you have to attend the Court on the stipulated date and have clearly to express your mind when the Judge will ask you about your willingness to give divorce.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
You may challenge the mutual divorce decree in High Court on some other grounds which will be disclosed to you on the phone or in person consultation with any legal expert.

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