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Mutual divorce filed, but i want to cancel it and stay with husband.


03-Oct-2023 (In Divorce Law)

On 16 November is my date for mutual divorce.my husband said me that we will take back our potion back up to October and now he deniy and said he want divorce mutually.but I want to live with my husband.I want that on 16 november i will deny for divorce and judge cancel our joint petition for mutual divorce and said to my husband to put with him.is it possible.previously my mother in law filed a pittion in banipark senior citsion foram and said that I abuse n beat her.and took a order to prohibited me to enter her house and took affidevit by me that I will never say that they ask me dowary

Answers (2)

Answer #1
945 votes
If u deny for divorce the application u/s 13 B shall be rejected. But the Judge can't say your husband to put you with him. If you want to live with him you have to file application u/s 9 Hindu Marriage Act. You may also file application u/s 18,19,20 of Protection of women from Domestic Violence and u/s 23 for Interim Relief. If the property in which your mother in law is living is paternal or belongs to your father in law and he is no more or belongs to your husband you may enter, but you have to take shelter of the Law.
Advocate Praveen Mittal

Adv. Praveen Mittal

LawRato Alwar | 25+ Answers
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People also ask

Can a mutual divorce be withdrawn?

The party intending to withdraw their consent to such mutual divorce must inform the court by filing a formal application, either directly or through an advocate designated by the party.

Can divorce case be taken back?

You can withdraw your petition. You can withdraw the petition at any time before first hearing or file a request to accept the matter in advance and then withdraw your application. The refund will depend on how the lawyer reacts to you changing your mind.

Can one party withdraw mutual divorce petition?

Is It Legal To Withdraw Consent Unilaterally From A Petition for Dissolution of Marriage by Mutual Consent? The law does not allow a party to unilaterally withdraw consent, even after the other has fulfilled their obligations in the agreement.

How do I withdraw a contested divorce petition?

You can withdraw your divorce petition until the court issues a Decree absolute. The marriage is considered to be legally dissolved once the Decree absolute is issued. 13-Oct-2022

  

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Answer #2
999 votes
As your consent for mutual divorce was taken by way of fraud, you can deny for divorce in court and raise this objection in your mutual divorce petition pending in court. So far as the case filed by your mother in law under the provisions of senior citizens act that will not have any effect over the proceedings of family court. you can also raise the objections with regard to the affidavit filed by you in the senior citizen act's proceedings, if the same was got filed by your husband by playing fraud on you.
Advocate Alok Sharma

Adv. Alok Sharma

LawRatoJaipur | 25+ Answers
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