• 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 months ago in Family Law from New Delhi, Delhi
Religion: Hindu

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  

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

In case the consent is withdrawn by your wife then the petition will be dismissed.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 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
66961 Answers
4043 Consultations

5.0 on 5.0

you can file fresh petition for divorce as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
66961 Answers
4043 Consultations

5.0 on 5.0

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)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1103 Answers
2 Consultations

4.4 on 5.0

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.

 

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

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. 

Siddharth Jain
Advocate, New Delhi
4783 Answers
52 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

She can withdraw consent but she needs to give a cogent reason.  You can object to the removal of consent

Prashant Nayak
Advocate, Mumbai
12902 Answers
23 Consultations

4.6 on 5.0

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. 

Vibhanshu Srivastava
Advocate, New Delhi
8567 Answers
134 Consultations

5.0 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
5507 Answers
18 Consultations

4.9 on 5.0

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.

 

Archit Vasudeva
Advocate, New Delhi
82 Answers

5.0 on 5.0

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

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

You can file contested divorce under any of the grounds  creulty or desertion. 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

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.

 

 

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

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.'

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
3564 Answers
1 Consultation

5.0 on 5.0

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

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
5333 Answers
257 Consultations

4.9 on 5.0

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