Me and my wife are filling for mutual divorce. I don't want divorce for simple reason as I did nothing wrong. She deserted me and along with her family threatened to file 498a case against me, my father and my sister. Due to this they have forced us to settle for handsome amount in form of alimony to her (after mutual divorce). Since things have gone so bad, my family also see no point of bringing her back and thus I have to accept mutual divorce. She also taken our family jewellery.
My query is related to mutual divorce.
Q1. Can other party unilaterally withdraw consent for mutual divorce after 1st motion ?
I have seen lawyers saying both things. Some saying consent can be withdrawn at any stage. Some saying unilateral withdrawal is not possible. Since I am the one who will be paying, can I withdraw consent on second motion if I can not arrange funds promised to give her in second motion. As the amount is huge and father's heath is not good, I am not sure in future about the availability of funds. Since I am not the one running for divorce, even if mutual divorce is not granted, I am fine.
Q2. If court does not recognize my withdraw of consent and awards divorce, does the claim of maintenance remains open which would not have been had it been clean mutual divorce.
There are no kids or other complications. I just to need to pay handsome amount.
Asked 4 months ago in Family Law