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Regarding withdrawal of mutual in second hearing


29-Nov-2023 (In Divorce Law)
I accepted a mutual based on condition that a partial amount would be paid during waiver petition .But the court is not accepting waiver petition and hence the ex lawyer is saying they can't give the money now.When I contacted few lawyers,they are saying that I can't file counter or withdrawal petition.Even if I file,judge will say take full amount in last minute and move out.A way of forceful divorce.This cannot be appealed in high court too.what is the alternative
Answers (3)

Answer #1
787 votes
you will not appear on the day fixed for next hearing. you could file consent withdrawal petition before appearance. that would be better for you. the supreme court has laid many institutions on this subject
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Answer #2
794 votes
Now that the mutual consent divorce is not complete and is pending you have option to walk away from the case. You can inform the judge during next hearing that you are not willing to mutual consent divorce.
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Answer #3
508 votes
Based on the perusal of your case. I herby opine that you can withdraw your petition even after first hearing or it can withdraw at time of filling proof affidavit. don’t file that abstain from that proceedings. The court cannot grant divorce unilaterally. Hope I clarified your legal position .
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