Withdrawal of consent in mutual divorce
Me & my husband filied divorce of mutual consent. We both are living separately since four year.
We filied it on june 2015 but now my husband are not interested in giving me divorce as I think.
My next date is in April please guide me if I don't want to live with him but I am scared that if he withdraw his consent or not come on date so what will happen?
What is the remedies kindly guide me.
I just say I don't want to live with him.
Asked in Family Law from Ranchi, Jharkhand
1.On that date of final hearing both of you must be physically present and give consent for divorce.
2. if either of you remain absent ot refuse to give consent then divorce would not be possible.
3. If that event you ave to withdraw this case and file contested divorce suit.
If he withdraws his consent then the only remedy for you will be to unilaterally file for divorce on the grounds attracted to your case. You may also sue him for maintenance. No court can direct you to live with him against your consent.
1) if your husband with draws his consent petition for divorce by mutual consent would be dismissed
2) in the event your husband does not attend court on next date court would adjourn the case .your petition would be dismissed if husband does not attend court within period of 18 months from date of filing of petition for divorce by mutual consent
3)The ingredients of Section 13B(2) are; (i) A joint motion by both the parties is made not earlier than six months but not later than 18 months after the date of filing of petition under Section 13B(1) of the Act; (ii) the petition is not withdrawn in the meantime and (iii) the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that averments made in the petition are true, the court may pass the decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
4) you will have to file contested petition for divorce in case your petition is dismissed
Hi, If he withdraw the consent for divorce then you have no other options you have to file petition for divorce on the ground of cruelty.
If you have decided and firm about not to live with him anymore, no power in the world can make you to live with him together. Though the external forces may compel you to live with him physically (that too it cannot last very long), no force can make you change her mental decision about him or to live with peacefully or happily with him anymore until you change your decision.
If he is withdrawing his consent during the next date of hearing and the divorce case is dismissed then you can file a contested divorce case on the grounds of cruelty, desertion and this dismissal also as a ground.
Dont worry, be prepared for all the eventualities.