I have applied for a mutual consent divorce, and due to for the second motion in a week. I do have second thoughts now. My husband is quite keen to go ahead with the divorce. Question is - If I express that I have second thoughts during mediation, what will happen? Will we be given time to reconsider or will the petition be dismissed?
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- As per law, either of the party having right to go back track , and refuse to proceed further for filing a second motion
- Hence, you can seek more time from the court on a reasonable ground.
- Further, if you will not appear before the court on the date of second motion, the court is bond to give one more chance on another date, however even after taking time from the court you failed to appear then only court may dismiss the petition.
You can inform the mediators or the court also to adjourn the case for a future date in order to enable you to take a decision since you have a second thought about it now.
The choice is yours that whether you would like to adjourn the case to a future date during the hearing of second motion or to express your unwillingness before court to continue with this mutual consent divorce case.
If you do not want to continue with the current divorce case, you may inform court that you are unwilling to consent for this mutual consent divorce case hence it may be dismissed, the court will dismiss the case.
You are at liberty to withdraw your consent for divorce
2) in alternative seek an adjournment
3) petition would be dismissed if you withdraw your consent
Dear Sir/ Madam
Once a couple files a joint plea in court or gives a “settlement agreement” for mutual divorce, there is a waiting period of six months before the court allows their plea and grants divorce, if they still stick to their stand. whether you second though will be considered before the court of law will depend upon the facts and circumstances of the case.
Hello,
You have complete liberty to seek time to reconsider or outright reject the proposal. Result of mediation will not have any impact on divorce proceeding in Court.
Ma'am,
As you said, its a mutual divorce so there must be a settlement deed attached and filed in court along with the petition. it would be solely dependent on that settlement terms and conditions.
If you raise this thought in court, as and when you visit for the second motion, it is likely that the judge would consider your thought and ask the husband to respond. However, if he refuses to remain married, you will have to abide by the terms of the settlement deed or the petition.
The period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. In this transitional period the parties or either of them may have second thoughts.
In a mutual consent divorce, the court shall be satisfied about the bona fides and the consent of the parties. If there is no mutual consent at the time of the enquiry, the court gets no jurisdiction to make a decree for divorce. If the view is otherwise, the court could make an enquiry and pass a divorce decree even at the instance of one of the parties and against the consent of the other. Such a decree cannot be regarded as decree by mutual consent.
The Supreme Court in Hitesh Bhatnagar v. Deepa Bhatnagar, has examined whether the consent once given in a petition for divorce by mutual consent can be subsequently withdrawn by one of the parties after the expiry of 18 months from the date of the filing of the petition in accordance with Section 13B (1) of the Act. The Supreme Court was also called upon to decide whether the Court can grant a decree of divorce by mutual consent when the consent has been withdrawn by one of the parties.
So you can withdraw your consent for divorce and try for a mediation talk for settlement of issues between you and your husband.
You may go ahead with the divorce or can withdraw consent and ask the court to give you people another shot at mediation. The court will readily accept that.
As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.
Under 10A you get maximum 18 months time from the date of filing to reconsider your decision. How long is your case running?
Yes court will accept your decision and will provide another stipulated date to reconsider under the discretion of the court.
