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Regarding Withdrawal of Mutual Divorce Petition and Child Custody
24-Jun-2025 (In Divorce Law)
My spouse and I have been living separately for the past six years, and we have now applied for a mutual divorce. I am wondering if it would be possible for either of us to withdraw the mutual petition, and under what circumstances this could occur. I have not asked for alimony and have taken sole custody of our child. And have been taking care of my child financially over past years.
withdrawing a mutual divorce petition is possible, but it depends on the stage of the process and the consent of both parties. Since you and your spouse have been living separately for six years and have applied for a mutual divorce, either of you can typically withdraw the petition before it is finalized by the court, provided both agree. If one party wishes to withdraw and the other does not, the court may require a hearing to assess the situation.
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Adv. Illamaran J
Chennai | 25+ Answers
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Madam,
Have you got mutual divorce or it is pending?
Withdrawal of mutual consent ?means
Please provide us details of the issue and what resolution you expect from us.
That will help us to answer better.
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Adv. R.Nithiyaa
Salem | 50+ Answers
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hi, I can well understand your concern from the query raised, you can file a memo/petition stating withdrawal of the consent given to the court, do note the divorce proceedings by mutual consent can only proceed if both the parties agree to the divorce, and even if the consent of one party is withdrawn, the divorce petition will be dismissed, thank you
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