1. Yes she can withdraw the consent
2. If she withdraws the consent then you can file a case of divorce under the relevant provisions of the Hindu Marriage Act.
Regards
Can spouse withdraw consent even after filing second motion petition
1. Pre-Litigation notice was sent to wife and was advised to approach for mediation in first step. 2. We approached Delhi High Court Mediation Centre for Mediation Settlement and was done successfully with mutual consent. 3. With the Mediation Settlement, Family Court was approached and application for first motion petition was filed. 4. First motion was passed and statement of both the parties was recorded. 5. After that, application for second motion petition was filed by both the parties by mutual consent. 6. It was accepted by the court and date for second motion was given. 7. After that wife stopped coming to the court on dates and after four continuous absents, notice to attend the court hearing was sent to her. 8. Her new lawyer attended the next hearing and presented vakalatnama with the intention to withdraw the case. 9. That day the Judge was at leave so only vakalatnama was submitted and her advocate conveyed that he will submit the application for withdrawl lateron or no next hearing. Now my questions are: 1. At this stage, can she withdraw her consent. 2. If yes, what i am supposed to do?
Asked 5 years ago in Family Law
Religion: Hindu
19 Answers
Suggest me my line of action in case of dismissal of the petition as i can not stay with my wife anymore.
Asked 5 years ago
In case the consent is withdrawn by your wife then the petition will be dismissed.
As soon as the same is dismissed, you go ahead and file a case of divorce under section 13 of the Hindu Marriage Act.
Regards
wife is at liberty to with draw her consent
2) if she with draws her consent petition would be dismissed
3) file fresh divorce petition for divorce on grounds of mental cruelty
you can file fresh petition for divorce as mentioned herein above
Yes. At this stage she can withdraw her consent from MCD and the mutual consent divorce petition will be quashed.
You must immediately after quashing of MCD, file a fresh petition for divorce (contested divorce)
In MCD, she can withdraw anytime before pronouncing the judgment . If you have honored your part and still she violates the agreement after taking settlement prize, can file contempt agasint her.
1. She can withdraw her consent. The Delhi High Court has asserted that Courts cannot compel a party to give their consent for divorce by mutual consent despite them having entered into a settlement agreement under Section 13B of the Hindu Marriage Act. If she has received any money during the first motion of divorce, you can recover the same by filing a suit for recovery against her.
2. You can file for divorce on grounds of cruelty and other ancillary grounds under section 13 of Hindu Marriage Act, the petition for mutual consent of divorce is withdrawn from the court.
1. Yes she can withdraw as consent for same is not recorded.
2. You should talk and persuade your wife for same if she does not listen then you have to file a fresh divorce application contested on ground of cruelty.
See if the mutual divorce is dismissed she is not ready to give consent for same then in that case you can file a fresh contested divorce there is no alternate option.
She can withdraw consent but she needs to give a cogent reason. You can object to the removal of consent
1. Yes, she is free to withdraw her consent at this stage too. In MCD, parties may withdraw their consent once granted for Divorce by mutual consent, at any time before the passing of the decree.
2. See, if she formally withdraws her consent on the next date.
It is very common that one party can be withdrawal the consent given in mediation and conciliation during the partition and in that case the case Will Go On and you have to press for expert decision as the other party is not appearing in the court even after court summons
yes she can withdraw, i Hope you have fulfilled all the conditions in the MOU, because that must be reason for her to withdraw the petition.
Now you will have to file an application U/s 13 b Of Hindu Marriage act and go for a contested divorce.
She can withdraw her consent in MCD.
if the court dismisses the mutual divorce petition, the husband can file for a contested divorce under any of the grounds mentioned in Hindu Marriage Act
You can file contested divorce under any of the grounds creulty or desertion.
1. It is her own will and wish to continue with the divorce process or withdraw her consent at the second motion or even at the last moment.
2. She cannot be forced to accept or agree for divorce, if the case is dismissed you may file a contested divorce on the grounds of cruelty mentioning the present situation as another ground for cruelty.
You can file a contested divorce case on the grounds of cruelty and this withdrawal at the last moment also can be cited as ground for cruelty i yor pleadings.'
Dear sir
Yes she can withdraw the case.
And At this stage the case of your wife will get weakens and you can file separate divorce case after withdrawal of this case.
These is very minimum chances that your petition for divorce will get dismissed as you and your wife agreed to mutual divorce but she refused due to unknown and invalid reasons.
yes, she may withdraw her consent at any time before the judgment.
you may file an application for execution of mediation settlement and create pressure on her for mutual consent divorce. or you may file a divorce case based on cruelty under section 13(1)(ia) of Hindu marriage Act-1955
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