Me and my husband have been fighting contested divorce for almost 2 years now. Last week we filed a mutual divorce agreement in the court. The court has given us 6 months cooling period and given us the date for 2nd motion. I asked him to come to higher court to waive off this cooling period. But he refused. My question is can he pull back the mutual consent during this 6 months or on the 2nd motion date and go back to contested divorce? I feel he just wants to drag this for as long as he can.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
If he wants to he can, but going to high court is also not an option unless and until there is some grave irgency in the matter. If he withdraws during second motion then you can file a petition in the higher court for expediting the process.
Regards
1. Only supreme court can waive this 6 months cooling period and no other can do so.
2. Yes either of you can retract from giving consent on expiry of 6 months.
3.If your husband refuses to give consent then contested divorce remains only option.
1) husband can with draw his consent for divorce by mutual consent
2) if he does not appear in court at time of second motion court would adjourn the case
3) MCD has to be disposed of within period of 18 months from date of filing of divorce petition
4) if husband does not appear in court inspite of adjournments divorce petition would be dismissed
5) you will have to file for contested divorce
If you have waited for two years in the trial court what prompted you to go for waiving off 6 months cooling off period.
If your husband would with draw his consent at the second motion or not is his own decision which cannot be predicted.
If he does then this becomes a strong ground for contested divorce to prove the cruelty he has meted out to you.
Yes, it is open for either party to back out between the 1st & 2nd motion. However, there are judicial pronouncements that if affidavits have been sworn and terms of mutual consent complied with fully/ partially by either husband or wife , then divorce can be granted.
2. Even otherwise backing out at 2nd motion is construed as cruelty and you can expedite divorce decree thereupon.
