Whatif one party withdraws consent in mutual divorce proceedings?oceedings
Guest
(Querist) 26 January 2012
This query is : Resolved
Wife filed for divorce and husband for rcr, and after three years, during the evidence stage the court again ordered mediation. In the mediation center wife pressed for mutual divorce and husband agreed for the same. If they file for mutual divorce withdrawing the current divorce & rcr petitions and later wife withdraws consent for mutual divorce and sit idle, what are the options left for husband?
Can husband reopen her divorce petition? At present,the divorce case is going against her and husband thinks that filing mutual divorce is her game to just close the present divorce petition.
Can husband reopen his rcr petition?
If yes, can it be reopened from the leftover stage?
Shonee Kapoor
(Expert) 26 January 2012
Husband can only revive the RCR.
Wife has the option of reviving Divorce petition.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 26 January 2012
Yes, both the parties can return to the position where they left.
Raj Kumar Makkad
(Expert) 26 January 2012
Revival is not possible but husband can file now a petition seeking divorce.
Sanjeev
(Expert) 27 January 2012
The reason she would have agrred for MCD would be that she would have realised that it would be to much time consuming to get the same. Even if you say its going against her than too ultimately the purpose is divorce for both of you.
So it would be prudent to go for MCD as she would not back out as when the main consideration is money than people do back out to pressurise for more money but when this is agreed after running around the courts theere is a realisation to get out of the court game.
As regards to the divorce case that she can withdraw even now so there is no risk that if she withdraws from MCD than the divorce proceedings would not be reimitiated.
So act as agreed in mediation.
ajay sethi
(Expert) 27 January 2012
agree with sanjeev
Guest
(Querist) 27 January 2012
Thanks experts.
The problem is that she has put the allegation of impotency in her divorce petition, and husband has filed application for his potency test by medical board. So, if she somehow convert the petition into mutual divorce and later withdraws her consent, she can avoid his medical checkup and husband taking benefit of test result in his favour
prabhakar singh
(Expert) 28 January 2012
Then if youare husband do not agree.That is all .
