Husband withdrew mutual consent after cool period. What to do now?

Question

Husband withdrew mutual consent after cool period. What to do now?

16-Sep-2023 (In Divorce Law)

i and my husband filled petition for mutual divorce under the section of hindu marriage act-13B, after cool period my husband withdraw on his mutual concent and willing to live with me, judge given 3 hearings, but i am not willing to live with him,judge asked to with out mutual concent can't give divorce, if any old judgement available related with out mutual concent divorce,kindly forward me.and what can i do for next step.

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Advocate Ravi Shankar LawRato · Accepted Answer · 2015-09-17T03:57:46+05:30

Answer #1

No issue. You can take out a fresh application for divorce against your husband. This existing mutual consent petition will not restrain you from filing a new case for divorce. You can go ahead separately. For any further clarification, you can contact me. Thank you

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LawRato LawRato · Accepted Answer · 2015-09-17T03:59:21+05:30

If your husband withdraws his consent for mutual consent divorce and expresses his willingness to continue the married lief with you, the court cannot proceed with divorce proceedings any further. The court may dismiss the petition for divorce. The fore you have an option to file a fresh divorce case on the grounds of cruelty citing this incidence also as an evidence for cruelty. The word mutual consent itself defines consent of both to the proposed divorce, if one withdraws the consent, the mutuality extinguishes hence the court has no option than to dismiss the petition if not withdrawn by the other consenting spouse.