• Can I withdraw from second motion in mutual consent divorce filed

I filed for a mutual consent divorce .However I don`t want to go ahead with the second motion as I see some hope of saving my marriage but it seems that my husband`s parents have been putting pressure on their son to go ahead with the divorce. Is there any need for me to inform the family court or my husband about my mind change in writing? Should I just stay quiet but I hope no ex party decision can be made by the family court. Unfortunately my husband cannot take a decision on his own and his family is putting a lot of pressure and influencing him therefore I am unable to reconcile with him.
If the Family court dismisses our joint mutual petition can the boy or his  parents file any other contested divorce proceedings?
Asked 12 months ago in Family Law from Delhi, Delhi
Religion: Hindu
Hi, if you want to save your marriage then you don't sign the mutual consent divorce.

2. You can stay away from the proceedings or else make a submission before the court that i wan to save may marriage so i will not consented for the divorce.

3. Your husband may file a contested divorce but your consent is very much important to get the divorce.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) make an application before court that you want to with draw your consent as you want to save your marriage 

2) if you dont attend court at time of second motion no divorce decree would be passed 

3) presence of both parties is necessary at time of second motion 

4) if petition is dismissed your  husband can file for contested divorce on grounds recognised by HMA 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
Hi, when you have not given consent for the petition, automatically petition will be dismissed.

2. The intention of the legislature is that in order to save the marriage and the parties  can reconcile their dispute so that  6 months waiting period has been given.

3. Make a submission before the court that you will not give consent for the divorce and pray for dismiss of the petition.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
 if divorce by mutual consent is dismissed you would be at liberty to make claims for maintenance, right to tsay in matrimonial home against your husband as you continue to be his legally wedded wife 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
You can very well refuse to attend on the second motion.
In that event the mutual divorce proceeding will be dismissed.
Once that's done the content of the petition will also go. The dispute is not settled and hence the suit is dismissed.
So there is nothing to worry on the averments made in the joint petition.
Devajyoti Barman
Advocate, Kolkata
5181 Answers
54 Consultations
4.9 on 5.0
If you do not reiterate your consent to end the marriage on the second motion the court will disallow mutual divorce. The absence of consent is symbolic with your abstention from the court.  In the event the court dismisses mutual divorce petition your husband will be at liberty to unilaterally file for divorce, which you can fittingly contest in defence.

Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
In any time any one can withdraw from mutual consent and also second motion. 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 indicate that the terms of mutual agreement is not completed and it is disputed .Future claim is not bared and you can claim as reason.   
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
Dear Querist
It is completely your sole discretion to withdraw your consent and nobody can force you. don't sign the documents regarding the second motion, if already signed then withdraw your consent before the court at the time of recording the statement and pray for counselling and try to save the marriage first, then decide further.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Hello,
1) If you remain absent for the second motion the court can't pass the order of divorce as your consent has to be reiterated in writing.
2) If you choose to remain absent that would suffice or alternately you can be present and seek more time. The second motion can be put off to a maximum of 18 months. This would mean that if you remain absent the petition will be dismissed.

3) Yes, your husband is at liberty to file a unilateral petition for divorce when the court dismisses the petition.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hello
1) Whatever you have stated in an earlier petition can be cited in a later petition to support their claims and contentions. This does not limit you from raising your defence. As you rightly put you are withdrawing from your consent because you see a chance to save your marriage. No court can at any instance hold this against you.

2) Therefore have no worries about the implications of the current petition on future litigation. Contest then on merit when they arise.

3) In the mean time if you truly wish to salvage the marriage communicate with your husband through whatever channel available to you. Use electronic media, friends, relatives and well wishers etc.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. If you refrain from attending the Court any further, the MCD petition will be rejected after completion of 18 months from the date of filing,

2. Without your being present, no Ex-Parte order in case of MCD petition can be passed by the Court,

3. Your husband (not his parents) can file a divorce suit against you which you can not stop.
Krishna Kishore Ganguly
Advocate, Kolkata
12083 Answers
228 Consultations
5.0 on 5.0
1. If you do not attend the next date of hearings, then the petition will be rejected after 18 months of its filing,

2. It will not serve as any evidence later on as you can claim that you were lured in to signing giving a false assurance. 
Krishna Kishore Ganguly
Advocate, Kolkata
12083 Answers
228 Consultations
5.0 on 5.0
If you are not willing to go ahead with the mutual consent divorce, you can appear before the court express the same with the reason that you finally say a ray of hopes that the husband is likely to continue the married life thus the marriage can be saved.
If the husband side people get provoked over the dismissal of mutual consent divorce case, they may try to initiate divorce proceedings on the grounds of cruelty, you may challenge it accordingly.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Although at the time of filing the First Motion it was mentioned in the Joint Petition that both parties ` have settled their disputes and respective claims, including past, present and future`. However now if I am not going ahead with the Second Motion and after the expiry of the time limit will this petition become null and void or will it continue to serve as evidence in future too i.e. no future claims can be made by me.

The one what you have written that both have settled your disputes and respective claims, are nothing but routine contents, so you need not worry about that aspect.
If you are not appearing before the court on the date of second motion, the court may give one more chance by posting it to another date and if still fail to appear on the second date too, then the court may decide to dismiss the petition.
Whether it will used as an evidence for future case too means, yes.  In the question whether you have applied for divorce in any court earlier, you have to give suitable answer.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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