My answers are as follows:
1. can a mutual consent divorce petition be filed, when the case under 498A and divorce is still live. If not, in that case what should we do now?? Can we inform the court on this and get the mutual consent petition revoked??
Ans: Ask the wife to give consent before high court to quash the proceedings of 498A before you proceed to pay remaining amount.
2. mediator handed over the jewelery and gifts against our will and against the terms of mutual consent agreement. What can we do on this issue. CAn we raise a complaint for this.
Ans: You must inform the Court.
3. after these 2 incidents we are really under the pressure and now want to contest our case. We don't want to fall under their trap even though when we have not done anything wrong. The girl herself is working and is earning equal to me. What should be our course of action now???
Ans: Nothing will happen but the only issue is time factor and mental torture.
4. Can we withdraw mutual consent petition??
Ans: yes, you can by showing the conduct of the girl and mediator.
5. can they once again file a case under 498A if we decide to withdraw the mutual consent petition??
Ans: No, it cannot stand.
6. what is the process to withdraw the mutual consent petition.
Ans: Just file a memo through your advocate stating that under given circumstances you are not going to proceed with the Mutual Divorce. The recent judgment on this point is as follows:
Parties can withdraw Consent for Divorce once granted, at any time before passing a Decree; Allahabad HC [Read Judgment]...
Allahabad High Court recently held that parties may withdraw their consent once granted for Divorce by mutual consent, at any time before the passing of the decree. Hindu Marriage Act, 1955 provides two modes for divorce namely (i) mentioned under Section 13 of the Act or (ii) on mutual consent for which a petition has to be presented by both the parties to the marriage and after interregnum period of six months they again attorn their consent before the Court....
mentioned under Section 13 of the Act or (ii) on mutual consent for which a petition has to be presented by both the parties to the marriage and after interregnum period of six months they again attorn their consent before the Court....
The Court has considered the issue as to whether consent given at the initial stage for divorce can be withdrawn at the later. Relying on various Supreme Court Judgments, Justice Ram Surat Ram (Maurya) held that if petition for divorce is not formally withdrawn and is kept pending then on the date when the court grants the decree, the court has a statutory obligation to hear the parties to ascertain their consent.