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Can we file mcd (13b) second time ?


My MCD is pending in court, If i withdraw my consent when judge ask me about my consent, and then after couple of month if my wife insist on divorce then can we file MCD again?


 15 Replies

Vakalath (Vakeel No. 1)     18 May 2016

Why do you want to withdraw consent?


I think we both have filed MCD with an Emotional impulsion. I would like to take some time before i make decision. Because i think one should give oneself enough time (at least a year ) before making decision.

adv.bharat @ PUNE (Lawyer)     18 May 2016

MCD is possibel only when both party are mutually agreed for it. Once you have given ur consent then it is possible to take it.


Mukesh sharma (job )     18 May 2016

I agree with Bharat sir reply you file MCD only then both you agree on it 


Advocate Bhartesh goyal (advocate)     19 May 2016

Better to withdraw the consent,take adjournment for rethinking.

Advocate Bhartesh goyal (advocate)     19 May 2016

Better to withdraw the consent,take adjournment for rethinking.

P. Venu (Advocate)     19 May 2016

You can even place the matters before the Court and seek time and opportunity for rethinking.

adv. rajeev ( rajoo ) (practicing advocate)     19 May 2016

I agree with Goyal Sir.

Dana Kayoni (Expert Humanitarian and Lawyer)     19 May 2016

This is God given opportunity, simply keep quiet, take divorce, if you still feel that she is the right one for you, then go for live-in relationship with her, but dont remarry and dont withdraw consent and kick this God given opportunity.

Adv.Yashwardhan Tiwari (Advocate IPR Associate )     19 May 2016

Dana is correct because if you keep doing this it also amounts to cruelty and court will get annoyed. Time of court is valueable and when she will insist for divorce you have to pay cost to court or big sum of alimony or maintenance, if she file cases. Better go for it and later if you both think should have given chance to your marriage than at that time youcan remarry which rarely happen so don't be emotional. But it happened in Delhi mediation


Thank you all.

I belive when it comes to divorce it's a big decision of life, some times emotions plays a big role to make such decision. We may think that Divorce decision is perfect but later on we may feel that we should not have opted that way. 

So i would like to take some time and also give time to my wife for rethinking, and that is why i would like to first of all withdraw consent completely and after couple of months i would like to apply for MCD again.

So my question still remains un-answerable...

Can we file fresh MCD second time ? (After withdrawing first MCD)?

Please give your valuable inputs on this technical question.


Thank you all .

Mukesh sharma (job )     19 May 2016

HI amit patel you say now you want to withdraw your case than you give application both  your side agree on it and court give permission to live you tohgether fi you want to take 

you tell court why you back your case and tell them we live together now so back case and enjoy your life 



A walk alone (-)     20 May 2016

I know its a big decision but how much time you need . I think you have filled divorce before three four month . Divorce is not a game. One time you say yes and second time no. If your wife also wants to live with you then you should withdraw your consent otherwise you will be in big problem in future. If she wants divorce and you withdraw your consent then she may file false case on you which will end with divorce and alimony. God has given you good opportunity think before doing anything and ask her opinion also before withdraw .

T. Kalaiselvan, Advocate (Advocate)     21 May 2016

If you want to give one more chance to save your marriage, you may inform the court in writing that you would like to withdraw your consent with the leave of the court to file a fresh petition at a later stage if necessity arises again.

Before making this decision please be doubly confirmed about it by discussing the same with your spouse and then proceed.

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