How to Withdraw from mutual consent
2 years ago
I had filed one sided divorce which got dismissed and mutual divorce was filed when my husband asked. He tried for reconciliation but I was not ready. Statements got recorded and next is counselling. I have realized that I took decision in hurry and I should have given a chance to him. I am now trying to reconcile and ready to give the settlement money back but now he is not ready. I am thinking to withdraw my consent to buy time to save the marriage as I made a decision in stress. I had connected with my husband. He is not ready due to ego and at the same time very confident that I cannot do anything to save the marriage. What can I do to withdraw my consent and save the marriage at this point of time and what can be the reason for his confidence?
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Jaida tension ki koi baat nhi hai.
in one of the judgement the supreme court has held that the Consent for divorce by 'mutual consent' can be withdrawn by either the wife or the husband even after the expiry of the stipulated 18-month period and in such cases a decree for divorce cannot be granted. therefore contact your lawyer to ask the court for the same.
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Rajinder Pal Singh
Responded 2 years ago
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Having once agreed to Mutual Consent Divorce, one Spouce cannot withdraw consent without justification, HC ruled. Delhi High Court has held that after mutually agreeing to divorce, withdrawal of consent by a spouse constitutes mental cruelty. This being looked upon as an important ruling by the high court. Although you could try Requesting for the same.
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Ask your Advocate to file a Memo to dismiss the mutual divorce petition as you are not interested for the same. Thereafter you can join with your husband and if he is not allowing threaten him to approach Police Station or file DV case in the capacity of legal wife.
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