Your divorce petition would be dismissed 

2) you can file for divorce on grounds of mental cruelty 

3) seek interim maintenance and alimony from husband 

4) seek sole custody of your children 

Husband is at liberty to withdraw his consent 

in such a case your divorce case would be dismissed 

you cannot force husband in existing case to pay you alimony and maintenance 

file fresh case as mentioned herein above 

File separate petition to claim maintainance for you and child. If he withdraws consent, MCD will dismiss after 18 months.

Better file separate petition to claim alimony, court may grant you interim maintianance within a month or less.

- Since, your husband wanted to withdraw his consent during second motion of mutual divorce. then court will not proceed to grant divorce, as filing of second motion is mandatory for getting mutual divorce . 

- If you had filed earlier filed case for maintenance and due to mutual divorce has withdraw the same, then you can move an application for restore the said case after mentioning the reasons for the same. 

- If not filed earlier , then file maintenance case and also other cases against him for getting maintenance and other right from him. 

- Further you can send him a legal notice to file joint second motion petition before the court , and if refused the file above cases against him. 

1. you can file a case for claiming the maintenance under section 125 CrPC or DV Act for you & the children,

2. since he is not willing to pay, you cannot force him,

3. you can file cases of maintenance, DV against him

1. The terms of mutual divorce as the words connotes depends on amicable settlement of parties. 

2. Now before the final motion any of the parties are free to withdraw their respective consent and refuse to honour its terms. 

3. Therefore if a party does retract from hus commitments then the mutual divorce proceeding fails and ultimately gets dismissed. 

4. In such circumstances you are still left with option of filing case for maintenance under PWDV Act and suit for contested divorce. 

Act accordingly. 

1. Let him withdraw the consent for mutual consent divorce.

2.  If you want him to stay with you, file for Restitution of Conjugal Rights and his deliberate refusal to join you in your marital life itself can be a very good ground for you to obtain divorce.

3.  File for maintenance /alimony amount for you and your children U/s. 125.

Please file an application fresh before the same Court for  interim and permanent alimony and maintenance under section 24 and 25 of Hindu Marriage Act 1956 during the pendency of divorce petition by mutual consent 13B of Hindu Marriage Act  1956.

You would succeed in your efforts. No need to appoint lawyer. You may simply draft application and submit it before the same Court and judge for the ad-interim immediately you may get the relief and contest the divorce petition the way your husband wish doesn't matter. Please keep taking interim order amount till finalization of Divorce petition against your husband. 

Dear Ma'am,

1. Do not sign the second motion. If by chance both of you end up signing and divorce is granted he will be become even more carefree. 

2. He is legally bound to maintain you and the child.

3. All the papers that he have signed have not become legally enforceable as of now. Therefore you'll have to initiate other proceedings. 

4. Ask your lawyer to move an application u/s 125 CrPC and Domestic Violence Act (As his acts amount to economic abuse). Section 125 is the quickest way you can get some relief.

5. Upon hearing, the court will direct him to pay you maintenance. If he violate the orders, there can be penal consequences.

Hope this answer helps. 

Best wishes.

If your husband is withdrawing the consent then you file a maintenance petition seeking monthly maintenance against him under section 125 cr.p.c.

Withdrawing his consent in the second motion is his own decision which cannot be forced hence you may have to look for alternative sources for obtaining maintenance amount from him.

You cannot force your husband to accept the divorce on mutual consent by confirming the same in second motion.

You immediately file a maintenance case under section 125 cr.p.c. seeking monthly maintenance.

Mif he is not ready for a mutual consent divorce then file a maintenance case against him for your and your child's maintenance.

If he doesn't give you divorce then he is the loser not you. File an application for maintenance.

If he has abused you or has been cruel to you then file a domestic violence case against him.

You can contest SC can try

Dear Madam,

It is sheer cheating and also contempt. His properties may be got attached as he could not play with the court and withdraw his consent. Let file criminal complaint and a notice to his employer to terminate him as he played fraud on the court as such he has no locus standi to continue in the job as he committed moral turpitude.

If consent  is withdrawn by one of the party before second motion, then the proceedings will go against the said party.

You continue with the proceedings, Court will draw adverse inference against your husband and your case will be considered on merits.  You can take help / assistance from District Legal Services Authority to support you.

Refer to above reply.

Take the assistance of the Legal Services Authority (LSA) and contest your case, file an application for  production of his salary certificate, bank statement where his salary is credited and last three years IT returns based on which the quantum of maintenance will be decided by the court before taking up the main case and alimony.

There is no other option rather than filing a divorce case under 13A HMA. 

File police complaint under 406,498A

Maintenance under DV and 125crpc

Dear Sir/Madam,

You are suggested to convert the mode of petition from mutual consent to the divorce under the grounds of cruelty. 

if your husband refuses to sign on the second motion you will not able to get divorce under section 13-B but you can file divorce on grounds of mental cruelty and file maintenance u/s 125 crpc. 

In a Divorce by mutual consent, both the parties have the freedom to withdraw their consent as the consent cannot be taken by coercion.

1. You should ask your Advocate to withdraw mutual consent divorce by giving statement I  court that husband is not fulfilling the terms and conditions he agreed for in first motion statement.

2. file fresh case for maintenance and divorce against your husband if he doesn't want to proceed with mutual consent divorce.