Divorce by mutual consent-one spouse can not unilaterally withdraw consent for Divorce
Reverting to the facts of the present case, we are in agreement with the finding recorded by the Trial Court that the sole reason or justification given by the appellant husband for withdrawing his consent already given
(that he was denied access of the children), is not substantiated by him. Whereas, the material on record would indicate that the real reason was the inability of the appellant husband to meet the children as he was in jail in connection with criminal cases and also because the children were unwilling to meet the appellant. Thus, it was not a case of respondent coming in the way of providing access of the children to the appellant. In other words, there was no sufficient or just cause established by the appellant for permitting him to withdraw his consent. Further, it has come on record that the respondent acted upon the Consent Terms dated 6th October, 2008 and performed her obligations and committed herself to waive the claim of maintenance for herself and also streedhan including to withdraw civil and criminal actions initiated by her against the appellant. Even for this reason, the appellant cannot be permitted to withdraw his consent as it would result in bestowing premium on the appellant inspite of his unjust and inequitable request to allow him to of unilaterally withdraw the consent. We are in agreement with the said conclusion reached by the Family Court.11
Bombay High Court
Mr.Prakash Alumal Kalandari vs Mrs.Jahnavi Prakash Kalandari on 6 May, 2011
Bench: A.M. Khanwilkar, Mridula Bhatkar
Citation; 2011 (4) MH L J 187 bombayhttps://www.lawweb.in/2013/12/divorce-by-mutual-consent-one-spouse.html
