Withdrawal of mutual consent and Get back money and my wife

921 votes

You can communicate with your lawyer regarding the same to enable him/her to make submissions before the Court accordingly. Make sure that the Court is informed about your intention before grant of divorce. Feel free to contact me for seeking any legal advice as regards the same.

Advocate Prerna Shukla LawRato

624 votes

In a mutual consent divorce, either party has the right to withdraw consent before the final decree is passed, typically at the second hearing. Since you wish to reconcile and feel the settlement was agreed upon under undue pressure, you can choose to withdraw your consent at this stage. To proceed with this withdrawal, you or your legal representative can inform the court of your intent. Since you are abroad, you may need to grant a power of attorney to someone in India—preferably a family member or lawyer—to represent you in court and formally communicate your decision to withdraw consent. If your absence prevents a direct appearance, your representative can submit an application on your behalf, explaining your reasons and expressing your wish to resolve the marriage without further outside interference. Once consent is withdrawn, the court typically allows some time for possible reconciliation or counseling, especially if it recognizes signs that one spouse wishes to reconcile. However, if reconciliation does not occur, your wife may file a contested divorce. In that case, the court will consider her petition independently, and the previous settlement terms agreed upon in mutual consent would no longer automatically apply, allowing for fresh discussions on the matter.

Advocate Rohan Venkatesh Yemul LawRato

852 votes

Well, you can still withdraw your consent from giving Divorce to her, saying that, you love her so much, that, you do not want her to get separated from you. You convince Hon'be Judge, that, you do everything to win her heart again and want to settle issues between you and her via Mediation. If the opposite party also gets convinced via your sincere efforts to make them ready for Mediation, then, you will the first step to resolve erupted issues between you and her.

Advocate Pankaj Bajaj LawRato

947 votes

in my opinion don't make your life critical by accepting and making u turn. if you are getting threat from anyone you should have informed the court through your advocate. it is advised to discuss with your spouse and short out the matter by mediation. All the very best.

Advocate Hemant Tripathi LawRato