Mutual consent divorce
1 year ago
Can husband withdraw the mutual petiton filed and 2nd motion pending while given undertaking to pay alimony to wife as both are software engineers in USA ? The promise was made by husband under the threat by wife to file false cases in case the demanded amount is not met by the husband.
Subhashis Paul
Responded 1 year ago
A.Since a mutual divorce petition is filed jointly by both the parties together therefore either of the parties cannot withdraw such petition on their own but yes, either of the parties can submit their opinion or free consent before the learned court without any fear or force whether agreeing to give mutual divorce or not agreeing for the same.
its better to get consulted from your local Advocate, Indian laws may not prevail in your Country.
Hope it helps.
On the date of reconciliation, the husband may deny giving mutual divorce, but this would mean the husband wants to stay in this marriage and save this marriage.
Official withdrawal is not possible without the wife's consent as the petition is filed mutually.
Thanks & Regards
If such consent was taken by force then u can ask ur advocate to file a memo withdrawing from mutual divorce. thus, ur wife have to file other cases to get maintenance or divorce.
He can refuse while admission of the case. Withdrawal of such case wont be possible as he has already agreed and signed the same with his own consent.
Thanks and Regards
Simi Paul
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