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Anonymous Anonymous (Accountant)     06 December 2010

Can a filed divorce case on mutual consent be revoked?

Hi,
     My wife's parents wrongly influenced her and turned her agianst me. They wanted a divorce on mutual consent and emotionally blackmailed me thorugh a third person to accept it and sign. My parents, out of fear and hurt, advised me to sign it. In this situtation of mental pressure, I signed the mutual consent for divorce and the petition was filed in the court. Her parents are very aggressive in getting this divorce more than my wife. I am damn sure that they have highly influenced my wife into this decision. They are refusing to come down for any talks for compromise.My wife knows very well that the actual mistake is with her only and she is refusing to accept it. She also knows it very well that I will prove that she and her parents are at mistake if they come for any talks in front of a mediator. To defend her ego and her parents, she has agreed to go for a mutual consent divorce.
There is no communication between us. My parents have been highly insulted by my wife and her parents.So, they also want this marriage to end in divorce only.
I am the only person who wants reconciliation but I feel totally lost.
1. Is it possible for me to request the judge in my next session at court to have an in-chamber session to sort this out?
2. I dont want to end this relationship in a divorce.
3.Is it possible that the judge can discuss with me and wife alone without allowing her parents to barge in?

I would like to do everything to make the relation work. If I convey this desire of mine to the judge, will he be able to help me? I can covince my parents. But my wife and her parents are only very aggressive. I dont want to be a divorcee and do a re-marriage. It is entirely against my value system. I just cant allow her parents to decide my future.  

Kindly advise.

 

 

 

 

 



 7 Replies


(Guest)

You haven't mentioned the dates of your 13-B (Mutual Divorce) Petition. Please confirm the 1st motion date and 2nd motion date... .You may call me on 9711196818// I will surely guide you accordingly over the phone only. 

Thnx

Amit 

sangram (service)     06 December 2010

U can revoke the petition by discussing in court. but two way consent must be there.

niranjan (civil practice)     06 December 2010

You can simply file application before the court that you are withdrawing the consent.That will end the matter.

Anonymous Anonymous (Accountant)     06 December 2010

Thanks all for your replies.

Saurabh..V (Law Consultant)     06 December 2010

@Anoymous

 

The mutual divorce petition under S.13B of HMA,1955 could be filed for first motion. After that second motion could be made after 6months and not later than 18months if the mutual divorce petition is not withdrawn, the court may grant divorce.

 

If your period of 18months has not elapsed, you can tell the court that you wish to withdraw such petition and you are out of it. Following are my reply for your questions:

 

A.1.) YES. A judge is duty bound for reconciliation before he/she pronounces a decree of divorce. In chamber hearing shall be the discretion of the Judge however it is also a mode of reconciliation and must be acceptable to a sensitive Judge.

 

A.2.) You can request the judge to send the matter for Mediation to local court's mediation centre.

 

A.3.) Already answer in A.1. However in mediation and reconciliation centre same procedure is followed to bring the matter to a neutral position and bring happiness on the faces of the enstranged spouses.

 

Seeing your enthusiasm and dedication towards your marriage I proudly feel that marriage in India is still a sacrament and not a contract. In mediation centre you should enforce your words. All the best!

 

//peace

/Saurabh.V

Vikram   21 July 2015

Here is my question Can wife widraw her concen orally in 2nd motion but after submit affidavit in 2nd motion that she want divorce and its her final decision. In my case MCD was filed on Jan 2015 1st motion completed successfully.  Yesrerday was 2nd motion of mutual divorce we have submitted affidavit together annd mentioned we want divorce and its our final decision but when we reached infront of judge she took U turn.... and she said i dont want divorce.  So Judge disposed our MCD petition.

Is it correct ?

 

 

Nitish Banka (lawyer)     16 April 2018

Posted by: Nitish Banka  Categories: Civil Law Family Law 
 

 

Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by DesertioncrueltyAdultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

Image result for mutual consent divorce

Mutual consent Divorce

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

  1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  2. 4-5 recent photographs to be pasted on petition and agreement.
  3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?
  2. custody of children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka

9891549997

 


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