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!
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Ambrose Leo
Responded 5 years ago
NILANJAN CHATTERJEE
Responded 5 years ago
GANESH SHARMA
Responded 5 years ago
sistla ramakrishna
Responded 5 years ago
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.
Rameshwar Dadhe
Responded 5 years ago