Continue to LawRato.com with Google


Legal consequences for withdrawing the mutual divorce case

Hello sir , I got love marrige since 2015 I spare two days with my wife . We filed 13B because of pressure of her's family but I don't want to give her divorce , if I'll withdraw what kind of case they can file against me . They have convinced my wife now she is not with me plz give me legal suggestions

Answers (3)

No. One party can not withdraw consent petition unless it were to be of the opinion of the Court that the terms of the settlement arrived at between the parties are unconscionable or unlawful or contrary to the public policy.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

In the matter of section 13B of HMA both of the parties have to appear before the court to record their statement. If one of the parties does not appear in the court to record his/her statement court will dismiss the petition. This is ur constitutional right no one can stop u doing that.

Popular Divorce Lawyers

Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
18 years Experience
Advocate Preeti Joshi
District Court, Gurgaon
10 years Experience
Advocate Prabhjit Jauhar
Connaught Place, Delhi
21 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
21 years Experience

If you withdraw the petition of section 13B, they cannot file any case on this ground.

If petition of divorce by mutual consent frustrates because of withdrawal by any party, other party has no right to take any legal action on
withdrawing party on this ground.

Your decision is right, if you don't want to leave your wife, you should not proceed with the petition of section 13B.

Now question is, what they can do against you on withdrawing the petition of section 13B?
Answer is, they may file false cases of domestic violence, dowry etc. on you. Filing such false cases does not mean you will be convicted, you can successfully defend.

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Fixed Cost Legal Services

Court Marriage

4.8 | 94 ratings
Fixed Price Rs. 19999
Work with a local experienced family advocate to guide you through your court marriage.
Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
Fixed Price Rs. 2499
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
Fixed Price Rs. 999
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Fixed Price Rs. 499
Ask questions and get advice from a local experienced advocate on divorce and separation
File for Mutual Divorce

4.8 | 241 ratings
Fixed Price Rs. 25000
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Fixed Price Rs. 9999
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

sir, me and my wife have agreed to mutual consent divorce, i have a 9 month old daughter, so in the process of divorce who ll have custody of the kid.…

Read More

My brother is from Ahmedabad and got married since last three years. His wife was studied and worked few years in US and came India for a marriage. It…

Read More

Sir, we got married in June 2015. Then after 1 month my husband started quarreling with me on small issues, calling me name and speaking bad words abo…

Read More

My wife is not coming back to home from last 4months and they are now demanding rs 5 lakhs and she had stolen gold purchased by both the parties they …

Read More

Get free assistance for your legal issue