Mutual consent

Dear Querist,

A mutual consent divorce can materialise only if at the second motion, which takes place not earlier than 6 months from the first motion, both the spouses inform the court of their intention to separate legally, in which event the court will dissolve marriage by the consent of the parties. Till the second motion, either spouse is at liberty to withdraw his/her consent. If that happens there is no mutual consent, and the divorce cannot be granted, which leaves you with only one option, i.e to go for contested divorce.

Thank you Ashish Ji,

I am not concerned about the divorce here, request you to please read my query carefully.

i would like to mention that contested divorce petition is pending since last three years in the court, My query is that, will i be benifitted in contested divorce, by the incident took place on the day of first motion of MCD.

and what could be the reason for backing out on the day of first motion, when she can back out at the time of filling of MCD which was a day earlier.

Rgds,

The two cases, contested divorce and mutual divorce, stand on different footings. One would not affect the other. As for the reason of backing out, I express my inability to read the mind of your wife.

Regards,

Ashish Davessar

Advocate

She may have got the GYAAN from some learned advocate that she is letting you go cheaply by accepting a MCD on the day your MCD was filed so the next day she backed out. Anyway was there any settlement amount agreed to be paid as part of MCD?

Yes the amount was mentioned in MCD, since last six months nagotiations were going on, finally we agreed on some amount.

It is her right to withdraw from MCD anytime before second motion.  YOu will not get any benefit from it, in your contested divorce petition.

Thank you sir for your quick reply.