Legal Question in Family Law in India

Reneging from Mutual Consent petition

If A husband and wife file for mutual consent divorce, can the wife renege from it before the court order. I believe the court allows for 18 months period once the petition is filed. In case the wife reneges and decides that she does not want mutual consent divorce, can I file a unilateral divorce petition before the period of 18 months since filing of petition has expired? Also once the petition is filed in mutual consent divorce can one party seek changes in it. What is the process for the changes.


Asked on 6/13/07, 2:14 am

5 Answers from Attorneys

Vivek Mapara Mapara Law Firm

Re: Reneging from Mutual Consent petition

This question has been earlier answered.

Nor for changes it is required to be know what changes you want to make.

If you want to amend the petition, then you have to fiel application for amendment and seek permission for amendment.

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Answered on 6/13/07, 5:55 am
rajeshwar sharma rajeshwarnathsharma

Re: Reneging from Mutual Consent petition

Any party involved in the divorce petition of mutual consent, can withdraw the consent.

Process is very simple that is by moving applicaion in the concerned court for the withdrawal of consent or by refusing to sign the second motion of divorce petition

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Answered on 6/13/07, 8:26 am

Re: Reneging from Mutual Consent petition

In such situation file a fresh divorce case seeking divorce/For any other assistance contact me on mobile.

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Answered on 6/13/07, 12:58 pm
G. M. Gupta gmguptaandassociates

Re: Reneging from Mutual Consent petition

she can withdraw consent and you can file unilateral divorce petition anytime

for detailed advice please contact personally with documents. consultation charges will apply.

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Answered on 6/13/07, 3:51 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Reneging from Mutual Consent petition

After the mutual consent divorce is filed, the parties are required to be make statements before the court; the parties may rescind from the consent recorded in the petition; any party can file for divorce if sufficient grounds are available.

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Answered on 6/17/07, 11:23 am


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