You are at liberty to withdraw your consent for mutual consent divorce
2) contested divorce proceedings take over 5 years to be disposed of
3) there is no harm in contacting wife on phone or sms .there is no restraint order issued by court
I have agreed for mutual divorce and filed in the court.1st hearing completed and 2nd motion on march 6th and by 15th of march we will complete 2years of marriage.I dont want to give divorce and want to reconcile with wife.in between i tried to contacted wife by calling and SMS stating we can compromise and adjust in life.My wife is not ready to compromise.But still i want to give a try.I want to withdraw the consent in 2nd hearing. Wife has a chances to file DV and dowry case.Can she also file harassment case for contacting her on phone and sms which was done by husband to wife between 1st and 2nd motion?what are the consequences?does the arrests will made in this cases?If she files contested divorce.How much time it takes?
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You are at liberty to withdraw your consent for mutual consent divorce
2) contested divorce proceedings take over 5 years to be disposed of
3) there is no harm in contacting wife on phone or sms .there is no restraint order issued by court
Dear Sir,
U can't be arrested so easily and no more cases can be filed against you. In respect of pending cases u can approach High Court and try to get Stay Orders. U can file Restitution of Conjugal Rights U/Sec.9 of HMA if your wife do not turn up after withdrawal of Mutual divorce petition.
A spouse can revoke their consent for a mutual divorce before the final decree is issued. However, they may still file a DV or Dowry case, or a harassment case, due to contact via phone and SMS, depending on the evidence. The processing time for a contested divorce can range from several months to years.
you don't want to divorce by mutual consent then you are at your liberty to express your unwillingness before court on the next date and file a memo to this effect so that the court will dismiss the case.
If she files criminal cases as a retaliation, you may challenge them on merits.
If she files contested divorce case you may challenge it properly and drag it so that the case is dragged on at least for two years.
Dear client,
If you wish to withdraw your consent for mutual divorce during the second hearing, you can inform the court and your lawyer about your decision. It is important to note that if your spouse does not agree to the withdrawal of the consent and continues to pursue the divorce, the court may grant the divorce despite your objection.
Regarding your concerns about your spouse filing a domestic violence, dowry harassment or any other case against you, it is difficult to predict with certainty what actions she may take. If she does file a case, it is important to respond promptly and seek legal advice.
In general, if you have contacted your wife in good faith and without any intention of harassing her, it should not be considered harassment. However, if she perceives your messages and calls as unwanted and persistent, she may file a complaint of harassment. The consequences of such a complaint can vary depending on the specific circumstances and evidence presented.
If your spouse contests the divorce, the time it takes to finalize the divorce can vary depending on the court and the complexity of the case. It is best to consult with a lawyer to understand the specific procedures and timelines involved in contested divorces in your jurisdiction.
The courts will always encourage for reconciliation and rejoining of the couple to lead a happy life. If you are really interested, you can make representation through court only during this time. If she is not interested to live with you, you cannot force her. On the other hand, she is not having any other rights to establish a false case after she had consented for mutual divorce. Please approach us through this website for a legal consultation.
if your spouse does not agree to the withdrawal of the consent and continues to pursue the divorce, the court may grant the divorce despite your objection. ---- Still court can grant divorce without husband consent as wife wants divorce?how to avoid divorce in this case?skipping the 2nd motion impacts future cases? still wife can file DV and dowry cases though in MDA clearly written no future civil/criminal cases and reason for separation is no fault.
Court would not grant divorce if you withdraw your consent
2) you can remain absent at time of 2 nd motion
3) court would dismiss the petition of you withdraw your consent
4) your wife can file contested divorcé petition and also file DV dowry cases against you
Yes if there is no consent then court will dismiss the mutual consent divorce petition. But if there is contested divorce filed and consent not given then court will decide the same on merits
It is a misconception that the court will grant divorce in mutual consent divorce case.
If you appear before court on the date of second motion and file a memo stating that you are not willing to give her divorce nor you agree for this mutual consent divorce and pray for dismissal, the court will record the same and dismiss it.
However she will not be prevented from filing DV case on the grounds of harassment by cancelling or dismissing the mutual consent divorce.
The MDA becomes infructuous if you withdraw the consent and get the same dismissed.
If one spouse wants a divorce and the other does not, the court may still grant the divorce if it finds that there are sufficient grounds for divorce. The specific laws and procedures for divorce can vary depending on the country and jurisdiction, so it's important to consult with a local lawyer for specific advice.
If you do not want to get divorced and your spouse does, you could try to negotiate with your spouse to see if you can come to an agreement that would allow you to stay married. Alternatively, you may be able to argue your case in court and present evidence to support your objections to the divorce.
As for the impact of skipping the second motion, this would depend on the specific laws and procedures in your jurisdiction. Skipping the second motion may affect the finality of the divorce, and could potentially impact any future legal actions related to the marriage. It's important to consult with a local lawyer for specific advice on this issue.
If the MDA explicitly states that there will be no future civil or criminal cases and the reason for separation is no fault, then it may be more difficult for your spouse to file DV and dowry cases. However, this would also depend on the specific laws and procedures in your jurisdiction, and it's important to consult with a local lawyer for specific advice on this issue.