Judgement_Day (Supervisor) 06 December 2011

Mutual consent walkout

My friend & her wife filed a mutual divorce in family court 6 months ago. He paid her wife on A/C Rs. 50,000/- at the time of divorce filed, by draft & balance Rs. 4,00,000/- to be paid after completion of divorce decree.

Recently her wife send a notice thru family court to his husband stating she wants to withdraw mutual consent.

I just want to know can she walkout of this?

Reply Follow

7 Replies

raj malhotra (M.D) 06 December 2011

YES

Judgement_Day (Supervisor) 06 December 2011

but after this my friend dont want to continue anymore

So what now?

ABHIJEET PARIKH (Bcom LLB MBA) 06 December 2011

Quicker divorce is possible only through mutual consent , otherwise there are 13 grounds mentioned in divorce act only through those ground ur frnd can get divorce even if ur frnd doesnot want to continue with her

regards

abhijeet

(Guest)

i think there is sc judgement on it in mcd either spouce withdraw consent for divorce then petition is null or void so dont get divorce

i am not lawyer but read this judgement. i am also walkout from mutual divorce hoping for cancelletion of petition for divorce.

this is right na if one spouse withdraw consent for divorce then the other one cant get divoece by mcd have to move on other ground for divorce

experts pls correct me if i am wrong.

(Guest)

experts pls need some valuable advice here

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 07 December 2011

yes she/he both can walkout the mutual consent

as the word Mutual Consent Divorce it self shows mutual both the parties, means that both the parties are ready to divorce with free consent without undue influance & collusion. if any one party withdraw his/her consent then the word mutual have finished so the petition will be dismiss.