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Withdrawal of consent in mutual divorce case after signing the comprom


17-Nov-2023 (In Divorce Law)
The wife's father pressurized the husband family for divorce just after 3 months of marriage. They are doing this as they are having another marriage proposal in hand from day 1 of this marriage. We have signed the mutual consent divorce and compromise deed for alimony out of a fear only. The first motion is completed. No, we don't want to proceed and give second installment of alimony in the second motion as we don't have money. How can we withdraw the consent ? The girl is working in PSU bank.
Answers (4)


LawRato

Answer #1
590 votes
one cannot withdraw unilaterally aa is held by Honourable High Court of Judicature at Bombay so it's difficult to do so, however you can do it by request to the other side. you can do one more thing that you can get away from the proceedings and say clearly that you don't have money to pay and for that they will have to wait for one year or get a second motion without money,so if they have a good proposal for a second marriage then they will do it without money
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Advocate Kumar Gaurav

Adv. Kumar Gaurav

LawRato Panchkula | 25+ Answers
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Answer #2
903 votes
Hello sir, as per the facts stated by you that you have entered into a mutual divorce by compromise and do not wish to go ahead with the second motion the legal scenario the same would be that they can file a contempt of court petition. Now you need to have an answer for the same. Please feel free to contact me for further discussion on the issue. Thanks advocate Dr Preeti Manderna.
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Dr. Preeti Manderna

Dr. Preeti Manderna

LawRatoPanchkula | 400+ Answers
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Answer #3
711 votes
You should either appear in the court and give a statement that you wish to withdraw your consent, or you should not show up in the court on the date of second motion, it will be treated as withdrawal of consent only. Please note that you are free to withdraw your consent before second motion however, the second party can take an action for breach of MOU as per law.
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Advocate Madhuri Bakshi

Adv. Madhuri Bakshi

LawRatoFaridabad | 50+ Answers
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Answer #4
838 votes
Since the question concern the second alimony or installment to be given and more over,the woman is employed and the ground of divorce has been file mutually,you are no longer liable and culpable. A fresh application may be filed . For further assistance, you are free to reach me
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Advocate Nitanshu Sharma

Adv. Nitanshu Sharma

LawRatoGurgaon / Gurugram | 200+ Answers
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