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Jaswant (Student)     08 May 2011

Pl Help - Mutual Consent Withdrawn - Scope and Legal aspect

Dear Experts, Wife filed for divorce u/s13 of HMA. Later converted to 13B [MCD], application accordingly made. Thereafter, wife does not abide by consent terms. Husband files for withdrawal on account of wife's failure to abide by consent terms. Matter pending. The query is as follows:...

1. Does non-compliance of consent terms qualify as a ground for withdrawal of consent?

2. What is the remedy in such a situation?

Many thanks in advance for your valued replies.



Learning

 2 Replies


(Guest)

Identical case has been decided by the Bombay High Court 2 days back.  You may visit the site https://www.indiankanoon.org/doc/1660080/ and read the judgment and you will get the answer.

Jaswant (Student)     09 May 2011

@ Anil Kumar Menon Sir, thank you for this information. But from the said judgment it seems is only relevant to the case on hand. My questions were more pertaining to questions of law. Perhaps you can help me by giving some court judgments that answer my questions...

1. Does non-compliance of consent terms qualify as a ground for withdrawal of consent?

2. What is the remedy in such a situation?

Many thanks in advance.


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