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Consent Terms Fulfilled, Respondent Withdrew In the last moment
15-Apr-2026 (In Divorce Law)
I filed a divorce petition under Section 13(1)(a) of the Hindu Marriage Act. Both parties signed Consent Terms before the Family Court Counsellor. I fulfilled every obligation, stridhan returned, belongings taken from home, one amount also agreed, vehicle transferred and documents shared. On the final compliance date, the respondent withdrew consent. A Pursis is filed on record. Now facing counter-claims under 498A, DV Act and maintenance proceedings. Seeking legal guidance.
Anything filed before a counselor cam be withdrawn unless finalised before the Court. Thus, you may point out about the stridhan and other things to the Court, but you need to contest the divorce Petition. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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The conduct of the wife will have to be shown before the Magistrate Court where 498A and DV proceedings are filed. You can also file a fresh Petition for divorce and mention all the relevant information in the Petition along with supporting documents before the Family court.
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Adv. Deep Morabia
Mumbai | 25+ Answers
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Preserve all proof of settlement/consent terms, transfers, chats and pursis. Contest false 498A/DV with documentary evidence. Seek restitution/return, quash if abuse shown, oppose inflated maintenance claims.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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file for Quashing of the applications and cases filed against you in the High court and seek stay on each and every new case filed by her, get the certified copy of the all pursis and consent term from family court and use it as your defence, you have a strong defence fight with full force and you will get the results in your favour
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Adv. Moksh Jain
Mumbai | 100+ Answers
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You can approach the family court and file a detailed affidavit and you can go for quashing, if the facts so warrant. The wife is not allowed to abuse the process simply because she changed her mind after the husband had complied.
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Adv. Purva Kshatriya
Pune | 5+ Answers
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