mutual consent second motion cancelled by judge

She must file a regular divorce but the grounds of divorce should be prominent,

Since she want to get divorced she must pressurize her husband to give her divorce. If she was mentally or physically tortured she can file under DV act , and also maintenance . In maintenance may be he state that he is unemployed and that will be used against him for making divorce easy and the custody of  child also cannot be claimed by him.

If the said condition i.e., visitation rights to visit the child was agreed in the MCD case and subsequently she is refusing to accept then the MCD is defective and not maintainable. 

Therefore she can file a contested divorce case on the grounds she may rely upon. 

Drag for another one year .. File maintenance for both  petition u/s 125 of CRP c 

A court can dismiss your mutual divorce petition if all issues regarding the child's wellbeing and custody are not sorted out. Contested divorce not proven: The Hindu Law has provided certain grounds for which a person can file for a divorce petition, even if their spouse is not ready to give divorce.

In that case it appears that he has withdrawn the consent as he was denied the visitation rights, therefore the court has rightly dismissed the mutual consent case.

You have to compromise with him about child , consent divorce will be given easily but child issue will remain ,you have to obey the court orders about child ,father is natural gaurdian.so compromise .

The child will remain with mother till  it completes 7 years,so don't worry about child custody ,the court may order to spend some time that is two ,three hours with him only in week.

Custody of the child and visitation rights are two different things. Your sister has custody of the child.. Why is she refusing visittion right to the father of the child? The judge is correct in rejecting the divorce application. There must be a comprehensive divorce agreement covering the custody right of one and the visitation right of the other.