Procedure to withdraw from mutual consent divorce Procedure to withdraw from mutual consent divorce

5 years ago

Hello Legal Experts, My cousin was influenced to sign the mutual divorce petition and her husband though he is willing to continue the marital ties was influenced by his family to sign the mcd petition. the first motion is done and the second motion is posted for 5 months from now. However, she would like to save her marriage and wants to file a unilateral withdrawal application before the family court stating that she wants to save the marriage. Can she file an affidavit in advance to withdraw her consent given earlier to MCD? IF yes, what is the procedure. Since the case is pending in the family court in the boy's native,the boy's father might try and influence any one to get this divorce through, hence the girl wants to take all the precautions and wants to pray before the judge to dismiss the case. There was no benefits(monetary or other benefits) during the signing of the first motion The boy lives aboard and will be here only during second motion. Can my cousin file the withdrawal affidavit and refrain from appearing before the court on the day of second motion? also can she request for in-chamber hearing with the honorable judge family court at the time of hearing Your legal opinion will help save a marriage!

Ashish K Dongre

Responded 5 years ago

A.Don't go for second hearing.
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client he or she can apply to the court by an application about petition filed under coercion and undue influence and never interested in divorce.court will consider your plea and withdraw that suit.even petition can be withdrawn anytime by petitioner side.
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Anonymous

Replied 5 years ago

Thank you sir!

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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.a decree of MCD will only be passed when both the parties to the marriage jointly move the second motion to dissolve the marriage. If one of the party do not appear or withdraws the petition, the petition for MCD becomes infructuous. So your cousin sister can either refrain from appearing on the second motion or appear but submit a petition by way of filing an affidavit of her intention to continue with the marriage.
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Anonymous

Replied 5 years ago

Thank you sir!

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Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 5 years ago

A.You can Move an application through your advocate that the MCD filed before the court due to undue influence and coiersion with reasons and circumstances to justify your plead and also pray personally in the court to satisfy the presiding Judge for recording & passing order. If need take help & assistance of Professional family matter lawyer from the panel of Vidhikarya.
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Vidhi Samaadhaan Vidhi Samaadhaan

NILANJAN CHATTERJEE

Responded 5 years ago

A.You can withdraw the case jointly on any day. You need to PUT UP the matter if your case is not enlisted during that particular day. Or, you can withdraw the case on the next date you have been enlisted for hearing.
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Anonymous

Replied 5 years ago

Sir,
My cousin alone would like to withdraw her consent; the boy is still influenced by his family n may not a bold decision to withdraw the case jointly.

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NILANJAN CHATTERJEE

Replied 5 years ago

In such case you need to it may not be possible except your cousin cries in front of the court stating it is his family who are creating hurdles in your conjugal life . Such statement will automatically attract judges attention. Moreover ask your lawyer to make a plea before the judge for a sitting in chamber or after the court for a discussion. The judge may allow or disallow.

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Vidhi Samaadhaan Vidhi Samaadhaan

GANESH SHARMA

Responded 5 years ago

A.you can withdraw mutual divorce petition anytime on or before first motion
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Anonymous

Replied 5 years ago

Thank you Sir!

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Vidhi Samaadhaan Vidhi Samaadhaan

sistla ramakrishna

Responded 5 years ago

A.Dear Client,
You have two ways in not getting divorce by mutual consent. Mutual consent means getting divorce on the consent of both the parties. When your cousin did not appear on the next date of adjournment, condition of mutual consent is not fulfilled. So the judge will not grant divorce on the presence of only one party. Another way is ask her to appear on the next date of adjournment and pray the judge not to give divorce on mutual consent and she is not giving consent to grant divorce on mutual consent. Second choice is better as she knows what had happened on that next date of adjournment. Take continuous expert advice of advocates before doing any thing in future.
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Anonymous

Replied 5 years ago

Thank you Sir!

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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir she can withdraw his consent before judge
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Anonymous

Replied 5 years ago

Thank you sir!

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Rameshwar Dadhe

Replied 5 years ago

Welcome sir. You can call me anytime. When you require

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Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

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A.She only has to appear n Court in the nest hearing day and tell the judge that she is withdrawing her consent. Tell her to to Just do that.
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Anonymous

Replied 5 years ago

Thank you Sir! Will the judge consider this and dimiss the case immediately or are there chances that the case will be adjourned. Pls clarify.

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Prabhakara S K Shetty

Replied 5 years ago

Will dismiss at once, may ask a written memo saying the same to be filed.

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Anonymous

Replied 5 years ago

Thank you Sir! Appreciate your response

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