- As per law, Divorce by mutual consent is final and binding , and thus cannot be challenged in any Court by either of the parties .
- The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot breach the agreement and decisions.
- Hence, before the mutual divorce decree , both parties will withdraw their case , and quash the FIR , and further compeleted the terms mentioned in the agreement.
- Since you both have filed the mutual divorce and thereby as a mutual agreement , whether written or verbally, you have gifted her a flat , hence her refusal for recording her staement under mutual divorce , is considered for termination/cancellation of agreement of mutual divorce, and thereby you are legally entitled to get the possession of the said flat after cancelling the gift deed.
1. Yes, good ground for quash of FIR
2. Yes, you have fit case for divorce , even you are eligible to get custody of child.
3. NO, No impact at all .