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Procedure to take divorce if husband withdraws his consent to it


02-Jan-2023 (In Divorce Law)
I and my husband both were agreed to file divorce on mutual basis in 2017 but due to some reason i didn't apply in court and now i asked him to file divorce on mutual basis, now he is not ready to give me divorce. I have those papers that we both signed in mediation cell on CAW cell, delhi. Please help me out with best solution. Religion- Hindu
Answers (3)

Answer #1
661 votes
Best solution is to make ur husband agree that you both go for mutual as that is best for both of you unless you both can live your life together. You can hire a persuading lawyer to convince him that if not gone for mutual divorce, going for divorce petition may not be in best interest of both of u. Mediation cell document will not help as he has right to back out any moment till divorce is granted. If nothing works and u really want divorce then file a divorce case against him.
Answer #2
590 votes
Dear Client,
File petition before the competent Court of law. Taking this document as in support for mutual divorce state the facts mentioned therein, if your husband denies the same. File a fresh petition for divorce mentioning therein the grounds of divorce.
Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.
Answer #3
682 votes
Hello,
You cannot use the papers now as your husband has withdrawn his consent to file for divorce mutually and that you did not file for the same when you had the chance. A person has all rights to withdaw mutual consent before filing of divorce so your husband's act is not illegal.
However you may file a contested divorce on the following grounds-
1. Adultery.
2. Cruelty.
3. Desertion.
4. Conversion.
5. Mental Disorder.
6. Leprosy.
7. Venereal Disease
8. Renunciation etc.
As your reason for taking divorce is not clear. I would advise you to contact personally and take appropriate consultation.
Hope this helps.
Regards,
-Adv. Pury

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.

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