MyNation Foundation Forum » Advice » Divorce

Can mutual consent divorce be withdrawn by one party

(5 posts)
  • Started 7 years ago by Pragyan Kumar
  • Latest reply from Rajshree
  1. Pragyan Kumar
    Member

    Hi,

    My mutual consent divorce was filed in Delhi 7 months ago. The second petition was to be filed from 6 to 18 months after the first, but now the girl side is backing out.

    I plan to summon the girl for the second motion vai the judge in the coming 2-3 months.

    I want to know - can the girl withdraw the mutual consent divorce without my consent from the court before the summon? If the girl has already withdrawn it, then will I come to know?

    Thanks in advance,
    Pragyan

    Posted 7 years ago #
  2. Adv.Kachave
    Blocked

    Dear friend ,
    When petition for mutual consent divorce is filed , order is to be passed after six months , so you have no need to be worry , you be touch with your lawyer .
    9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  3. Pragyan Kumar
    Member

    Thanks Kachave,

    I understand from your reply that the girl cannot withdraw the mutual consent divorce without my consent from the court anytime in the 18 months for which it is valid.

    Please confirm.

    regards,
    Gaurav

    Posted 7 years ago #
  4. Adv.Kachave
    Blocked

    Yes, she can not do anything in mutual consent divorce without permission the court

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  5. She can withdraw application of mutual consent after filing. Mutual consent itself means that both should have their "Consent" for divorce. So, if she states that she does not want to give divorce, she can do that EVEN AT THIS STAGE. Still, since once mutual consent was anyway filed, you can use her affidavit / agreement as evidence of her misconduct and ask for divorce.

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    Posted 7 years ago #

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