effect of withdrawl of consent by wife at the time of 2nd mo
vinod bansal
(Querist) 08 August 2010
This query is : Resolved
R/Experts
My petition for divorce by mutual consent is pending for arguments,in this petition at the time of 1st motion statement both husband & wife made a statement for divorce by mutual consent,A DD was deposited in the court as sattlement amount that is still in the court file,I am representing to husband,At that time of 2nd motion statement of parties,wife withdraw her statement by saying that at the time of her earlier statement(1st motion statement)she was under pressure,now she want to reside with her husband,kind of pressure is mentioned in her statement,what is legal preposition in given facts.Kindly refer citation of both sides,Thanks In advance
s.subramanian
(Expert) 08 August 2010
she is entitled to resile from her earlier stand. if your client wants divorce only,he has to file a fresh petition for divorce on valid grounds recognised in law. court cannot compel the wife on the basis of the earlier statement.the time limit which is prescribed in sec.13 and which is mandatory is there only for providing for situtation like this where there is change of mind of the spouses.
