Can mutual consent divorce be withdrawn

Question

Can mutual consent divorce be withdrawn

21-Mar-2023 (In Divorce Law)

I along with my husband 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. I think my husband also wants to withdraw the divorce but his parents are forcing otherwise. What can I do to stop the divorce? If the Family court dismisses the joint mutual petition, can the husband or his parents file for contested divorce?

Answers (1)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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All Answers

LawRato LawRato · Accepted Answer · 2017-03-21T20:06:54+05:30

If you want to stop the divorce proceedings, you must make an application before court that you want to with draw your consent as you want to save your marriage. Take the help of your lawyer and make such an application and submit it in the court where your divorce proceeding is going on.

You must have a word with your husband and if he agrees, both of you can mutually withdraw the case, and the court may dismiss the petition.

Yes, if the court dismisses the mutual divorce petition, the husband can file for a contested divorce under any of the grounds mentioned in Hindu Marriage Act. However his parents, that is, your in-laws cannot file for divorce of you and your husband. Only husband and wife are party to a divorce proceeding.