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)


276 votes

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.


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248 votes

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.

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53 votes

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.

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