• Can I take back my consent after filing mutual divorce?

Hi,

I have currently signed for mutual divorce, waited for 6 months and also signed the final agreement for divorce after the counselling by the family court.

Only the last date to go in front of the judge and get the decree is pending.

Now I have changed my mind and do not want the divorce. Is it possible to go and refuse in front of the judge now at this stage ?

Story behind the change of mind :
I filed a dowry complaint at the local police station. As soon as the NCR was registered in the police station, my husband had filed for a divorce and contested as I did not approve of it. This case was dismissed and divorce was not granted and I won the case. 

After this my husband approached and said, if u give me divorce and also take back the dowry case, I will compensate you well because I spoilt your life.

 I am a software engineer and currently suffering from a chronicle back pain which the doctors cannot figure out why. I have worked for 8 yrs now and I am no more in a position to work. Since this was a love marriage and my parents did not get me married whole heartedly. Now because of all these complications, they r unwilling to support me.

I did not know how to survive. So I accepted to give my husband a divorce and take back the dowry case accepting that it was all my fault. They told me that they would do an out of court settlement and the settlement should not be written in the mutual divorce agreement as it would cause a problem for his 2nd marriage. I agreed even for that and believed that they would compensate me for ruining my life after I take back the dowry case and agree for mutual divorce.

Now after the final agreement of the mutual divorce is signed( no mention of compensation is made in it) and after taking back the dowry case ( I accepted that it was all my fault), they are turning down the compensation. 

My whole livelihood depends on it and I took all the blame thinking that I will move away to a far of place and live in gods name.

So here are my questions- What should I do now? I feel very betrayed. 
1) I am thinking that I should go and refuse the divorce ... But what should I state the reason as, when the judge asks me abt the 'U' turn in my decision?
2) If I say I don't want divorce, Since it is a mutual pittion can I withdraw it alone ? Or should my husband and me both have to agree to withdraw it ?
3) If I can withdraw it alone, Will the judge judge keep it on hold till 18 months are completed and then dismiss it or he will dismiss it immediately?
4) Is the 18months time span counted from the date of filing or from the date of first hearing? ( since mutual divorce has 6months cooling time, the first hearing will be 6 months after the filing).
5) After the mutual pittion is dismissed, I heard we can never apply for divorce again under mutual consent... Is that true ?

Please help me and guide me with proper information dear lawyers. I'm in a state of shock and very scared.
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Hi, the terms of the mutual divorce agreed in the mediation center has to be agreed before the court then only it is valid settlement if you refuse to sign the terms of the agreement then you will not interested for divorce .

2. It is not mandatory that you must accept the terms of the agreement before the court, you have the options to refuse the terms of the agreement.

3. If you are not agree for the terms of the agreement then you don't sign the same before the court nothing will happen.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. You are at liberty to withdraw your consent to deny divorce to your spouse. A specific withdrawal of consent will have to be justified on the ground that you consented under duress.
2. A unilateral withdrawn by you will suffice. 
3. The court will dismiss it immediately. The 18 month time period is not applicable to your case.
4. After the dismissal of mutual divorce you can apply for fresh mutual divorce the very next day. There is no embargo on your right to file for divorce mutually. What you have heard is untrue.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. You can remain absent on that date or refuse to give divorce attending the date. You are not supposed to give any reason for refusal to divorce.
2. You need not withdraw it. Your absence o refusal to give consent is enough for dismissal of the suit.
3. If you appear and refuse to give consent the judge is bound to dismiss the case.
4. 18 months is calculated from the date of filing.
5. You are wrongly advised. You can apply for it afresh even on the next day.
Best of luck.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) you have to make an application for withdrawal of your consent 

2) you have to mention that you want reconciliation and want to save your marriage hence withdrawing your consent 

3) court will dismiss your divorce petition as consent has been withdrawn 

4) 18 month period is counted from date of filing of petition 

Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1. You can refuse the divorce, and if the judge asks you about the 'U' turn in your decision, you can tell the judge that this is an after thought of yours and request the judge to consider your request.
2. Even though it is a mutual petition, you can withdraw it alone.One of the parties may withdraw his or her consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.
3. If you withdraw it alone, the judge will dismiss the petition immediately.
4. The 18 months' time span is counted from the date of filing.
5. There is no bar to again apply for mutual consent divorce, when an earlier mutual consent divorce petition dismissed.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
you have right to retract  before delivery of judgment. parties to the marriage can settle their issues before the court and on failure of such settlement they can proceed further in regular suit. it is general practise of petitioners. if they reached at settlement they put it before the court for final nod otherwise retract. time period starts from the date of filing of petition. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Now I have changed my mind and do not want the divorce. Is it possible to go and refuse in front of the judge now at this stage ?
Though you have given consent before the mediator for divorce, you still can file a memo before the court either on that date of next hearing or even before that by filing an advance hearing application expressing  your unwillingness to go ahead with the mutual consent divorce  and may request that the mutual consent divorce case may be dismissed. 



Now after the final agreement of the mutual divorce is signed( no mention of compensation is made in it) and after taking back the dowry case ( I accepted that it was all my fault), they are turning down the compensation. 

This is how the clever lawyers  (of both the sides) cheat the victims like you.  Firstly you should not have withdrawn the dowry harassment case until the promised compensation was given to you at least by way of a post dated cheque. Another blunder mistake that there was no memorandum of understanding between you both in writing about the compensatory conditions for the mutual consent divorce.  
Even now you can lodge a fresh dowry harassment case stating that you were made to withdraw the earlier complaint under duress and pressure or blackmail. or threats  for life.  If he is playing fraud on you, it becomes your duty to teach him a lesson so that he does not indulges in the same kind of fraud with another female.




My whole livelihood depends on it and I took all the blame thinking that I will move away to a far of place and live in gods name.
You stand cheated so take steps to rectify the same by acting tough with the guy atleast henceforth by putting a check  to all his gimmicks/havocs played on  you. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
So here are my questions- What should I do now? I feel very betrayed. 
1) I am thinking that I should go and refuse the divorce ... But what should I state the reason as, when the judge asks me abt the 'U' turn in my decision?
You can very well file a memo before the regular court stating that you are not willing for this mutual consent divorce and you with draw your consent to this divorce hence the  case may be  dismissed.  The court will not ask you any reason for your withdrawal, even if the judge is asking you the reason,you may state that you were forced to give your consent which you realised now hence you are withdrawing your consent and would like to continue with the married life with him as his wife. 



2) If I say I don't want divorce, Since it is a mutual pittion can I withdraw it alone ? Or should my husband and me both have to agree to withdraw it ?
You can alone exercise your option to withdraw your consent and can pray before the court to  dismiss the case, you don't have to wait for your husband to join you in this petition withdrawing the consent  for the divorce. 




3) If I can withdraw it alone, Will the judge judge keep it on hold till 18 months are completed and then dismiss it or he will dismiss it immediately?
The court will not hold  the case or keep it pending for 18 months once you have made your intention to withdraw the consent clear before the court in writing.  The dismissal orders shall be passed by the court immediately. 



4) Is the 18months time span counted from the date of filing or from the date of first hearing? ( since mutual divorce has 6months cooling time, the first hearing will be 6 months after the filing).
Dont worry about the 18 months period,it will not happen once you have given your unwillingness for mutual consent divorce in writing before the court.



5) After the mutual pittion is dismissed, I heard we can never apply for divorce again under mutual consent... Is that true ?
It is not so, this is  just a rumour or a misconception.  


T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1) I am thinking that I should go and refuse the divorce ... But what should I state the reason as, when the judge asks me abt the 'U' turn in my decision?
Opinion: If you are not ready to take decision for finalization of divorce proceedings then the court have power to extend the dated till 18 months and even after that if any party is not ready to divorce then dismiss the petition.
 
2) If I say I don't want divorce, Since it is a mutual pittion can I withdraw it alone ? Or should my husband and me both have to agree to withdraw it ?
Opinion: There is no need for his consent, if you are not ready to divorced him then file an application and withdraw your consent. the court will pass an order and dismiss the petition.

3) If I can withdraw it alone, Will the judge judge keep it on hold till 18 months are completed and then dismiss it or he will dismiss it immediately?
Opinion: It's depend on the court but without the consent of both the parties the court will not pass any order regarding the dissolution of the marriage/Divorce.

4) Is the 18months time span counted from the date of filing or from the date of first hearing? ( since mutual divorce has 6months cooling time, the first hearing will be 6 months after the filing).
Opinion: from the date of filing.

5) After the mutual pittion is dismissed, I heard we can never apply for divorce again under mutual consent... Is that true ?
Opinion: No, it is not true, you may file the same at any time in future there is no restriction.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
You can take back the Consent / refuse to give consent for Divorce. 

Your first mistake is withdrawing the cases without recording the reasons and not insisting on mentioning the compensation amount in petition for Mutual Consent Divorce.

Now as your husband has backtracked form his commitment you also refuse to appear before the court for consenting Divorce, Even if you are appearing in the court, appear through your Advocate so that you can be represented properly.  

Note of caution: if you appear before the court after 6 months of cooling period, court will ask you to go for Mediation to settle the disputes amicably. it is important to explain to the judge why you are withdrawing from the petition and request the Hon'ble judge to record the reasons for withdrawal of consent. 
 . 
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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