Filed mutual divorce husband withdrew consent on second motion


I hv filed divorce on mental cruelty, before that we had filed mutual consent divorce petition but he withdrawn his consent at 2nd motion in order to mentaly harrase me. Are al my rights ended after filing mutual divorce petition? I hv nt file ny case against him. Can now I file dowry, dv etc cases. Sometime ago he has got arrested in 376 D case. Now he is in custody & faces d trial. Can his complaint be a ground of mental cruelty for me?

Answers (3)


283 votes

Yes. If your husband is arrested under 376D IPC. You have a valid ground to annul the marriage. You can also file a DV and dowry case but dates are very important in these issues. Divorce will be decreed in your favour if you follow the instructions of me or any lawyer who is dealing in proper litigation. Don't worry. You are entitled for justice. Revert me. All the best.


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118 votes

His withdrawal has not effected your rights of maintaininence. Mutual consent was only a way to sort out both of your issues by mutual agreement. If he doesn't agree then let him face the music. You have not been effected anyway. So be calm, and go further with your complaint. God bless you dear

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134 votes

You can file a Petition for Divorce under cruelty even now. The facts stated by you are not clear. But you have all remedies under the law. It is not like that after he withdrew from the mutual consent you have no remedies.So consult a lawyer soon and discuss the case in brief.

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