Wife can with draw her consent for divorce by mutual consent 

2) court would permit her to with draw her consent 

3) you or your wife can then file fresh petition for divorce 

4) consent terms enclosed to petition for divorce by mutual consent should mention that there is no exchange pending between parties 

5) both parties agree not to file any case against each other , their family members and relatives 

6) that x amount is paid as one time alimony in full and final settlement 

1. It is will be her decision. It is not possible to predict anything about her plans.
2. It is again their decision.
3. There is no preventive vaccine against criminal prosecution. Any agreement/undertaking/guarantee by girl’s family not to file criminal complaint will go against you as the question  will arise why in the first place you need such agreement/undertaking, it will lead to doubt that you are planning some offence against her. Best option is not to give them any excuse to file any cases against you and if your wife is on your side, they cannot do anything. At worst if any false case is  filed, it will not stand in Court.

1. What she can do after filing MCD cannot be predicted but there's no legal infirmity even if she is filing one as apprehended by you. 

At that time,  the MCD would be dismissed for non prosecution and the contested case may be taken up by court. 

2. If they plan to wreak vengeance they may indulge in such activity,  the law cannot prevent them from filing a dowry harassment case on her behalf. 

3. The MCD case are the substantial evidence in your side to prove that there was no such alleged acts of cruelty committed by you and that you both have decided to dissolve the marriage due to incompatibility and difference of opinion between you both. 

Besides,  you and your parents can obtain AB and protect yourselves from being arrested in case she or her parents implicate you in the apprehended false case. 

1. To safeguard, both of you enter into MOU, which should contain and acceptance by both of you for not changing the decision to opt for MCD and not to change mind and opt for contested divorce during cooling period, withdrawal of all false cases hoisted against you by her, now and/or in future, settlement of maintenance/alimony amount, division of assets and finances, returning of streedhan , etc.

2.  The MOU should be witnessed by atleast two responsible persons.

3.   While making payment towards alimony, let the final balance amount be paid only after the MCD is obtained.

1. Yes. She can do withdraw her consent anytime before the 2nd motion of divorce.

2. They can file a complaint against you after which you will be summoned by CAW cell for mediation.

3. You can also file an application for waiver for the cooling off period if you're apprehensive that she'll withdraw her consent. 

1. Yes

2. Yes

3. You can't safeguard your family unless you know what false cases she has actually filed

1. Your wife can certainly change her mind and withdraw her consent about the MCD after the cooling period.

2. In the MCD petition, you both shall have to jointly mention that there is no hostility ever took placer against each other and both of you have no complaint and grievance against each other and also that no allegation about cruelty during the married period will be raised by either party. If this can be done then any further allegation/complaint if lodged by the wife, can be nullified.

3. You should clearly mention about any type of cruelty or harassment during the married p[eriod by anybody or their family members. This would insulate your family members against any further allegation.

Dear Client,

The MOU can help you in certain cases as if wife backoffs for more money then you can contest same that wife has agreed on sum and now she is backing off.

After false DV and 498A cases divorce is the only option. Once criminal case is filed on husband and in- laws, the relationship will mostly not continue.

Police would contact your family in case wife files false case against you and your family members. No arrest warrant is issued.

After filing mutual divorce petition, wife can not withdraw and ask for more money.

Thank You.

1. Yes, even after passing order of First motion she can change her mind and refuse to proceed further 

- However , if she receives any amounts from you at the time of first motion , then you can file a contested divorce petition before the court on the ground of her refusal after getting the amount. 

2. Yes , before granting mutual divorce

3. She cannot file any complaint against your family after the first motion and within the cooling period 

- Hence, you can remove an application before the same court for waiving the cooling period , and can get the divorce within a short period of one month time.