• Can husband withdraw mutual consent divorce at 1st motion

1. Can husband withdraw Mutual consent divorce at 1st motion date at 13B?
2. If Husband withdraw or say No to Judge's question at 1st date of mutual Consent divorce, will judge charge any penalty at 13B?
3. I am husband I have signed mutual consent divorce forcefully. So I like to withdraw it at 1st moston. Can I do this or any legal obligation is there?
Asked 3 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu

Husband is at liberty to with draw his consent 

 

2)judge would not impose  penalty 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

You can with draw your consent for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Yes it is possible and in that case the petition will be contested divorce petition and the evidence will be produced accordingly.

Vimlesh Prasad Mishra
Advocate, Lucknow
6371 Answers
20 Consultations

4.9 on 5.0

File an application for with drawing your consent for divorce by mutual consent on grounds that you want reconcilation with your wife and do not want to dissolve your marriage 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

1. As per the Supreme Court, one of the parties may withdraw their consent at any time before passing of the decree of divorce and unless there is a complete agreement between the husband and wife for dissolution of the marriage and unless the court is completely satisfied that a free consent has been given by both the parties, a decree of divorce by mutual consent cannot be granted.

- Hence , you can withdraw at ist motion date. 

2. No, as per above Supreme court , you are free to withdraw without imposing any penalty.

3. Yes. You should mentioned the same before the court.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
2488 Answers
33 Consultations

5.0 on 5.0

Hi,

All you have to do is not to attend court proceeding any further. The Mutual consent divorce under 13B of HM Act do not survive beyond 18 months from the date of filing. If you have any issue or have signed forcefully, you can inform the court about it. Mutual consent divorce has to decided on mutual grounds only, if one of the arty has any issue/problem, same can be intimated to the court and consent can be withdrawn.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

Hi

1. Yes it can be withdrawn. 

2. No there is no such provision for penalty. 

3. Yes you can withdraw,  there is no legal obligation to complete the process of mutual consent. 

Thanks 

Rahul Jatain
Advocate, Rohtak
2320 Answers
4 Consultations

4.9 on 5.0

1. Either of the parties can withdraw his/her consent at any point of time before the final motion and that is why this is called mutual consent divorce.

2. Since this is mutual divorce there is no chance of imposing of penalty.

3. You can withdraw this consent even before the 1st motion.

4. N proof is required to withdraw your consent.

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

Yes a husband or wife anyone can withdraw the mutual consent divorce application.

No the judge cannot. It is the party's choice. There's no legal obligation.

Rahul Mishra
Advocate, Lucknow
7927 Answers
15 Consultations

5.0 on 5.0

There is absolutely no problem in withdrawing the divorce application.

Rahul Mishra
Advocate, Lucknow
7927 Answers
15 Consultations

5.0 on 5.0

You can state before the court that you have been forced to file this application. 

Rahul Mishra
Advocate, Lucknow
7927 Answers
15 Consultations

5.0 on 5.0

You may withdraw your consent at any stage of proceedings. You can apply to take mater on board before its adjourned date through your advocate and withdraw your consent. Judge can not charge or impose any penalty. Your case may proceed byparte if Petitioner wants to continue by converting the petition in divorce petition 

Raghuvir G. Chaudhary
Advocate, Ahmedabad
48 Answers
4 Consultations

5.0 on 5.0

After filing mutual divorce petition, wife or husband can not withdraw and wife cannot ask for more money stated by Rajasthan HC

Aveek Bose
Advocate, Kolkata
1117 Answers
7 Consultations

4.7 on 5.0

1. If he do not want to continue with the proposed divorce, he can express his dissent before court in this regard.

2. No penalty, the court will dismiss the case.

3. You can very well do it.

 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Let it run in any court, you may just appear before the court and express that you are not willing to continue with this divorce Case or you are not agreeing for this mutual consent divorce, then the court will record the same and dismiss the case immediately.

 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

What do you want to prove?

You just appear before court and orally say that you are not willing for this mutual consent divorce, if the court is asking you to file a memo in this regard, you can file a memo stating that you are not agreeing for this mutual consent divorce, the court will record the same and dismiss the case. 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

1. Yes he can withdraw the consent for the divorce.

2. No penalty as such for withdrawing consent is levied in mutual divorce petition. 

03. You can file an application before the court on affidavit stating that documents for divorce was signed under influence and under force so you wish to withdraw same. 

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

File an application to withdraw same before the court.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

No proof for same is required.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

1. Yes, husband can withdraw the mutual consent divorce petition any time before the judgement,

2.no penalty,

3. You can withdraw the case, no legal obligations, you can depose before the court that you were forced to sign the petition

Suneel Moudgil
Advocate, Haryana
2063 Answers
3 Consultations

4.7 on 5.0

1. Husband can withdraw his consent at the first motion.

2. No penalty is levied for withdrawal of consent.

3. Nothing is to be proved. The court is not going to ask you to prove that your consent was obtained under coercion.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

Yes to apply before the court that he is not going for the mutual consent divorce and that after the divorce petition will be treated contestedas contested divorce petition.

Vimlesh Prasad Mishra
Advocate, Lucknow
6371 Answers
20 Consultations

4.9 on 5.0

1) Yes, Husband can withdraw consent at 1st motion date of 13B.

2) No, Judge cannot impose penalty on Husband.

3) You can withdraw giving your reasons, no legal obligation on it. 

 

S Srinivasa Prasad
Advocate, Hyderabad
1867 Answers
7 Consultations

5.0 on 5.0

Yes it can be withdrawn by any party before the final order. The said divorce will be dismissed by court

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

Dear Client,

Either party may withdraw his/her consent for Mutual Divorce. It will result in no mutual consent divorce

Jaswant Singh
Advocate, Gurugram
664 Answers
2 Consultations

4.8 on 5.0

Dear Sir,

It was held that section 13 B of the Hindu Marriage Act (that provide for mutual consent divorce) gives the right to either party to withdraw consent at any stage before the grant of decree of divorce. This is a statutory right of either party in terms of Section 13 B of HMA. In simple words, consent can be withdrawn by either party at any stage before the passing of the decree of divorce. In other words, Family Court in proceedings for mutual consent divorce cannot compel the party to continue with consent as it has become irrevocable if one party has withdrawn/withdrawing

Relevant extract of the judgment is as under:-

      …….It will encroach upon a statutory right vested in a party under Section 13B(2) of the Act and go against the              very spirit of the provision, at the heart of which lies the right of a party to reflect/revisit and retract                 from its decision of going ahead for grant of divorce by mutual consent, during the cooling                off period

One of the parties may withdraw his or her consent at any time before the passing of the decree. ... In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

1.You can withdraw your consent for the said divorce on the 1st day of the motion or on the 2nd day of the motion for which there will be no legal obligation to be faced by you.

 

2. Even if you do not withdraw your consent but refuse to appear before the Court on the day of the 2nd motion, the decree of divorce will not be passed by the Court.

 

3. If you refuse to appear on the subsequent dates of hearings, the MCD petition will be rejected after 18 months of its date of filing.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

1.On the date of the 1st motion, normally no appearance is made.

 

2. the applicants are required to appear before the Court after 6 months from the date of the filing of the MCD petition when both the parties are asked whether both of them want divorce or not. You can tall at that time that you do not want divorce.

 

3. Alternatively, you can refrain from appearing as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

1. You won't have to prove anything.

 

2. The said six months cooling period is provided by law to allow either parties to withdraw consent  after rethinking on the matter of divorce sought by them.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

One of the parties may withdraw his or her consent at any time before the passing of the decree.

No.

Yes surely you have right to withdraw your petition at any given point of time.

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

you can withdraw your consent before the matter reaches finality. You can appear on the date of hearing and inform the court regarding your consent. The Judge will record the same pass orders accordingly. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

Proof not required.

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

On account of corona virus all cases have been adjourned 

 

first motion would be done on adjourned date 

 

court would grant 6 months cooling period 

 

both parties have to appear before counsellor at time of first motion and second motion and on basis of counsellor report court would pass orders for divorce 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

You will come to know about the next date of hearing after the court reopens properly once the lock down is lifted. 

 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

The six month is taken into account from the date of filing of the case. 

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

The courts may have been closed due to coronavirus. Therefore another date will be given and your 1st motion would be on that date.

Rahul Mishra
Advocate, Lucknow
7927 Answers
15 Consultations

5.0 on 5.0

Things will be considered for lockdown detailed explanation can be provided

Aveek Bose
Advocate, Kolkata
1117 Answers
7 Consultations

4.7 on 5.0

After recording of first motion the court shall grant you cooling period.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

Hi,

The Procedure in Mutual Consent Divorce under HM Act is that parties (husband & Wife seeking divorce on mutual grounds) are given 6 months cooling period from the date of filing of the Petition.If parties or one of the party doesn't appear on the given date, another date is given by the Court (depending on the particular court and not after 6 months). Any date may be given, you can find out online or from the concerned court.

On 30th March your matter might not have come on board as due to corona lock down courts are handling only urgent cases. You can find out Date for next hearing through court website.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

In accordance with the supreme court's directions due to covid-19, hearing of all cases are deferred without passing any adverse orders, as such, you need not worry.  'Hearing' of your case would have been adjourned to some other date.

Considering the above situation if you make a request to court to grant cooling period it can be considered by court. On nest date of hearing both parties to be present before the counselor, based on the report of counselor appropriate orders will be passed by the Court.

What ever you want to say, you can represent to the counselor.

S Srinivasa Prasad
Advocate, Hyderabad
1867 Answers
7 Consultations

5.0 on 5.0

6months cooling period is calculated after the first motion is completed. 

 

Rahul Jatain
Advocate, Rohtak
2320 Answers
4 Consultations

4.9 on 5.0

Dear Madam,

Yes, court will  allow you 6 months reconciliation

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

Yes he can withdraw the consent and the petition will be dismissed

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

once first motion completed court will grant cooling period. 

courts adjourns all matters listed for hearing till april 30 due to coronavirus. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

1. You shall have to enquire from the Cause list of the Court as to which date has been fixed by the Judge for the second motion.

 

\2. You won't have to calculate  the date by yourself.

 

3. Visit the Court when  the lock down is over or ask your Advocate to heck the next date i.e. the date of the 2nd motion.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

1. Yes husband can withdraw the case on first motion itself before court by giving statement that it was signed forcefully under pressure from other party. 

2. Court will provide 6 months cooling period after first motion statement is recorded in court. 

Mohit Kapoor
Advocate, Rohtak
7885 Answers
2 Consultations

5.0 on 5.0

1. Court must have adjourned the matter without dismissing the petition in default.

2. You must ask your lawyer what was the outcome of first motion.

3. Cooling off period may begin from the date on which both parties appear.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

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