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Can mutual divorce petition be withdrawn before the second motion
07-Apr-2023 (In Divorce Law)
My marriage was solemnized in May 2011. I have a 5 year old son from the marriage. In March 2018, I along with my wife have filed a petition for divorce by mutual consent under section 13(B) of HMA in Family court. The Family court has fixed 4th October 2018 as date for hearing. I want to know if I can withdraw the consent unilaterally before the petition comes up for hearing on following grounds:- 1. On second thoughts, a few terms & conditions of the joint petition are not agreeable to me. 2. My wife emotionally blackmailed me into signing the petition. 3. I want family members/friends to mediate between us so that the marriage can be saved. Please answer. Thanks in advance
Yes you can withdraw the consent give for mutual consent divorce any time. Even without giving any reason you can withdraw the consent. Just don't sign second motion in court, your consent will be automatically withdrawn.
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Adv. Pradeep Naik
Indore | 200+ Answers
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