Hello, My wife has filed for mutual consent divorce and emotionally pushed me to sign that. We have a 5 year old daughter. We are married for almost 15 years and I do not want to break my marriage for the sake of my daughter and also I still care for my wife. She is angry and hurt as I was not able to live upto her expectations and I do agree that I could have been more loving. I am now trying to make up and ready to do anything to protect my family and prevent my daughter facing this issue. I love my daughter the most and also my wife and cannot bear to stay away from them. Please guide me how I can prevent my divorce and have a last chance at protecting my family from breaking apart. Your guidance will be like God's blessing. Regards Sougata
1) you must have signed mutual consent divorce petition
2) when petition is referred for counselling you can take the plea that you want to save the marriage as you love your wife and daughter a lot
3) you can with draw your consent for divorce by mutual consent
Then go and tell before the court that you are not willing for mutual divorce and you have signed due to the pressure brought by your wife.
Though you signed the petition, court will consider granting divorce on mutual consent only if both agree for divorce on the date fixed for hearing on the petition
Hey,
You could approach a court mandated mediation centre to resolve the disputes between you both. Since another impartial person will be involved in the process, maybe your wife will be willing to give the relationship another chance.
As such, mutual consent divorce also cannot be forced on you. You can withdraw the consent and she will have to file for a contested divorce which is a more tedious process which most people won't have the willingness to do. So, she would probably be willing to give the relationship another chance.
1. Since your wife and you have filed for mutual consent divorce and if you don't want divorce, don't attend 2nd motion after 6 month's of filing for MCD.
2. If you do not attend the 2nd motion (assuming that 1st motion is already over), naturally the process of obtaining MCD will be dropped. If this happens you can happily live with your wife and daughter.
Dear Sir,
1. You can make your words to your wife and ask her not to take such step for the sake of your daughter. Shoe her to way you care for both of them. Share you problems with her and also ask her for solutions to it.
2. If still divorce is filled then best option is to take mediation. Choose your best suitable mediator and ask them t resolve your dispute and promote them to be back together.
3. Mediator will listen your problems separately as well as together and you can put your points to them for not taking divorce and settle your marriage.
4. Mediator can not impose its decision to you and your wife but it will suggest you and your wife the merits of your case and can resolve it.
5. The court will also give you a cooling period before divorce to resettle your case yourselves if you don't want to proceed the divorce further.
Thank you
You can inform the court during 2nd motion that you are withdrawing your consent for divorce and would like to rejoin and live with her.
The court will dismiss the divorce case.
Really appreciate your willingness to save your marriage.
You can stop the divorce by not consenting to it on the next hearing date. Tell the court that you want more time to Think before the final decision.
The mutual consent petition can be in the court for 18 months.so you will have enough time to convince your wife. For that you should ask your lawyer to buy time in the court once it is 6 months, i.e on the next date, by citing the reason of reconciliation.
You can ask for mediation / counselling in the court, do that with the help of the counselor or mediator you can speak and convince your wife.
Also can ask your wife to come for marriage counseling with a psychologist other than the court counsellor.
Finally if she still demands for divorce, you can opt out of existing petition and the court will have to ultimately dismiss the petition.
At the same time if she is determined can file petition unilaterally which will take few years trial.
You can deny or refuse to sign mutual consent divorce papers and tell her that you're not going to give her divorce and want to live with daughter and her.
Get the Consultation from family counselor who sits in the family courts they're government appointed.
- If the mutual divorce has already granted by the court after filing Second motion petition , then you cannot go back
- If , the statement of only First motion has been recorded by the court , then you can refused to proceed for the second motion .
- Further , if you want to live with her and she living separately , then file a petition for restitution of conjugal rights before the court to get order in your support.
- Further, if she persist for divorce, then at the time of mutual divorce you can ask for the custody of daughter , otherwise you will have to file a petition for custody .
You know you wife better than anyone. You know the reasons why the situation came to this stage. If what you are claiming is true, go and talk to her, say sorry to her, provided you have not done this before, she will come back. If you are doing this repeatedly not even God can help you.
Since its a mutual consent divorce without your presence in final motion it wouldn't be allowed.
Hello,
In any time anyone can withdraw from mutual consent. In mutual consent divorce petition there is no exparty order is delivered by the court. After the dismissal of mutual divorce petition either party can file divorce under the ground of cruelty or other grounds for getting divorce under HMA act. So make an application before court that you want to with draw your consent as you want to save your marriage.
If the withdrawal from mutual consent divorce indicates that the terms of mutual agreement is not completed and it is disputed. You can use mediation and counseling which provided by the family court for patch up the differences between your wife.
Dear Sir,
You may challenge that mutual consent divorce decree in High Court.
Hello, I am 48 years male and my wife is 41 years. Recently she put pressure on me emotionally and got me to sign a MCD. We have a 5 year old daughter. Wife is complaining of neglect and emotional disconnect and hence this step. However I still love her a lot and want to save my marriage and keep my family intact. Our first hearing date is scheduled for tomorrow 21 October. Please guide me how I can : 1. Save my marriage and convince her to give us a last chance for our daughter's and own family sake. 2. As a last and undesired step get either sole or joint physical custody of my daughter. I love my daughter a lot and have spend the most of my time with her since her birth from getting up every 2 hours to feed her at night to now brushing her teeth, giving her bath, preparing her breakfast and feeding her, playing with her in evening and always in house.. telling her stories and sleeping with her while wife sleeps in another room. I know that I cannot survive without my family and ideally want it to remain intact and as a last resort want my daughter. Kindly advise so a family can be saved and a girl's future is not impacted.. Will be grateful for suggestions and advice.
1) during counselling take the plea that you want to save the marriage and don’t want divorce
2) you can make application to withdraw your consent for divorce
1. On the date of hearing, you appear before the court, the court seeing both of you are present before court, may instruct you both to attend the mediation session arranged by court within the court complex.
After three round of mediation you will come to know her attitude and decision whether to go ahead with the divorce case or to withdraw the same.
You can express your views and feelings before the mediator and inform the mediator that you do not want to dissolve the marriage, instead to save the same and would like to continue the marital life with her on her terms.
2. The child custody is a different subject to that of the divorce case.
If the child is living with you then you need not file any case for custody and if she is not with you then you may file a child custody case separately on the grounds you rely upon.
Dear client,
you can put forward these concern in front of magistrate and tell them about your unwillingness to take divorce and separate your family. You can also provide them the proof that you take all efforts to make your wife happy and satisfy all demands necessary for living a happy life.
Thank you.
You can contest for the custody. If its not mutually agreed it will be decided by the court
