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Mutual consent divorce - Reconciliation steps for saving marriage
10-Feb-2026 (In Divorce Law)
My wife has filed for mutual consent divorce, MOU is already signed under family pressure and alimony is already paid. Now my wife wants to mediate and the first motion is likely to happen in a week's time.
If now we want to reconcile, what's the best way to do that? Is it during first motion infront of the judge or let me know for any other alternative?
Hi there, you can surely mention it in front of the judge and request for extension to file first motion.
In the interest of justice it's highly likely that the judge will consider your request.
If you have any questions feel free to contact me.
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Adv. Ishan Parashar
Delhi | 200+ Answers
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If you both have entered into mutual agreement and now wants to reconcile, its better to withdraw the first motion in the court and continue living. If your concern is related to the alimony amount already paid, that you can solve with your wife only as the court would not take any action on the same since you both are reconciling. For further query feel free to connect.
Thanks
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Adv. Bhawana Pandey
Delhi | 900+ Answers
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If both of you wish to reconcile, the law fully supports such a decision. In a mutual consent divorce, consent must continue till the second motion. Either of you can withdraw consent at any stage before the final decree is passed.
The most appropriate step is to jointly inform your respective advocates and file an application before the court stating that you have decided to reconcile and do not wish to proceed with the divorce. You may convey this intention during the proceedings itself, and the court may refer you to mediation or simply record your statement and dispose of the petition accordingly.
Regarding the MOU and alimony already paid, its terms can be mutually reviewed, modified, or cancelled through a fresh written settlement if reconciliation takes place. It is advisable to formally document any such understanding to avoid future disputes.
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Adv. Preena Kashyap
Delhi | 25+ Answers
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1 Before First Motion
If both of you genuinely want to reconcile, the simplest way is:
• Do not appear for the first motion, or
• Appear before the court and clearly state that you both wish to withdraw the petition as you have decided to reconcile.
In mutual consent divorce, both parties must consent at both stages. If even one party withdraws consent, the petition fails
2. During First Motion
Yes, you can inform the Judge during the first motion hearing that:
• You are attempting reconciliation.
• You want time to settle differences.
• You wish to withdraw the petition.
The court generally encourages reconciliation and may even refer you to counseling.
3. After First Motion
Even if first motion is recorded, you can still:
• Reconcile during the 6-month cooling period.
• Simply not file second motion, and the case will automatically fail.
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Adv. Prity Raj
Delhi | 5+ Answers
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You can either communicate this to her directly that you wish to reconcile.
Else on the date of first motion you both ka can submit before the judge that you wish to reconcile and give another chance by living together. The judge would surely consider and can either give a date or would ask you both to withdraw the petition.
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Adv. Pallav Gupta
Delhi | 25+ Answers
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