Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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sunil (accounts asst)     16 October 2015

Divorce by mutual consent

I have one query what happens in case of divorce by mutual consent if after cooling period of six months one party withdraws the consent? If I file divorce petition can another party file case for dowry or can threat us of a suicide attempt what are remedies in the law for this?



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 3 Replies

ADVOCATE DIMPLE JINDAL (Advocate)     16 October 2015

if one party withdraws the consent after passing the cooling period of 6 months and before passing the final decree by the court, then the application made under sec 13(b) of hindu marrriage act is dismissed automatically. Because under this section, he voluntary consent of the both parties is necessary. The opposite party can take legal shelter to harrash you or otherwise, what may be true.  

Kapil Chandna (Lawyer at Supreme Court of India)     16 October 2015

Sir,

 

Incidents mentioned by her in the new complaint alleging harrasment, relevant time alleging the incident are relevant, because if she is alleging the incidents of the time after the first motion is filed then she will have to prove her allegations, which will be difficult because the same were false.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 October 2015

Strictly speaking she can still file a case of dowry harassment, but then such case would loose all the sting now.

 

Even if she commit suicide; the case against you can be quashed.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 


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