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CommonMann (Software Professional)     01 July 2010

In Mutual Consent Divorce If Wife withdraws her consent

I am a victim of 498a. But now all the cases against me are settled and closed. My wife and myself filed a Mutual consent Divorce under section 13b of HMA. I have paid her a hefty amount as settled between us in form of DD and same has been mentioned in Mutual Consent divorce petition. Everything is mentioned in the Mutual Divorce document petition. She has also accepted that she has taken a draft from me as full time settlement. My simple question is if after 6 months of timeframe if she withdraws her consent then what will happen to divorce petition. Why I am worried is because I have paid her all the amount in one go in the form of DD in front of family court and if she withdraws her consent what should I do?



 2 Replies


First it should not have been done.

Now since it has been done then pray she gives her statement during second motion..

If not then read and understand this citation of Hon'ble SC    and searching from LCI database enggage a better Ld. Advocate based on your location

Out of professional respect to your corrent Ld. Advocate if I would have been in your place I would not have paid all agreed amount during first motion. But then this brief is common happening so much can be done other than show you the right way.

ATB, Rgds.

CommonMann (Software Professional)     04 July 2010

Thanks Arun. I have consulted with few people over here and with one of my lawyer too. He told me that in this case if wife withdraws her consent I can file defamation, cheating case against her and on this ground i can get divorce. I have taken attested true copy of closed criminal cases against me in which she said that i have not done anything wrong with her. On this basis also I can get the divorce. So now I have sufficient ground for divorce. Is this ok or do I need to do anything else for getting divorce.



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