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.
5 Answers from Attorneys
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.
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
Re: Reneging from Mutual Consent petition
In such situation file a fresh divorce case seeking divorce/For any other assistance contact me on mobile.
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.
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.