Divorce by mutual consent

Mehak Ahuja (Querist) 16 November 2010 This query is : Resolved
Can 'Divorce by mutual consent' be refused to be granted by the court if it is not to the best interest of children ?

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R.Ramachandran (Expert) 16 November 2010
Once there is an application for mutual consent by the spouses, the mutual consent petition itself will detail as to what has to be done to the children as well. As such, the chances of the mutual consent divorce petition getting refused is very rare.

ashish lal (Expert) 16 November 2010
If husband and wife is ready then its difficult.

Kirti Kar Tripathi (Expert) 16 November 2010
agree. once application for divorce by mutual consent is filed. the statutory period of 6 months is provided for the parties to rethink their decisions and after expiry of said period, the court is bound to accept application in case both the parties are remain agreed in their earlier decision. court has no power to impose any other condition in this regard.