Withdrawal of consent after taking full alimony on 2nd motio

Hello,

yes she can withdraw the consent.the law says either party can withdraw the consent within 18 months after filling the first motion.

but yes if she withdraw the consent  the court will initiate an enquiry. And if the concerned party continues to refuse consent to the divorce petition, the court will no longer have the right to grant a divorce decree

but she has taken full money on 2nd motion

@ Author,


I disagree to reply given by Rahul.

The case is of second motion in MCD proceedings + recording of second motion statement of parties + fulfillment of conditions by other party to MCD by placing (handing over) as material records a final amount cheque to other party + court recording the handing over of cheque with direction to other party (wife) to inform court if really the cheque got passed by bank and reserving its final Judgment in MCD proceedings for 24^th. July.


Here Court is doing an enquiry to its satisfaction at SECOND MOTION stage. It all depends upon the cheque clearance now. If it passes through means gets credited then all the husband has to do is to pay scheduled fees to his bankers and take signed / stamped Statement of A/c from which the cheque was issued and place it on record on 24^th. July as it cleared and as per terms of MoU parties have fulfilled their mutually jointly agreed terms and conditions My Lord.


Once he does that his wife cannot be allowed to RESILE and answer given without application of mind by Rahul stands ignored.  Rahul is talking about 6-18 months cooling period which is nobody’s case here.

In simple wordings if cheque amount gets cleared on 24^th. July then the decree in mutual consent divorce will have to be passed irrespective whatever your wife says now.

Go to your bank and take the statement as advised above and show to concerned Court. You should not worry for anything now. If any problem the case becomes that of S. 2, 10 and 12 of Contempt of Court Act, 1971.

Can she return the amount and withdraw consent?

agreed with tajobsindia.

Originally posted by : Ranee.......
	Can she return the amount and withdraw consent?

NO, as tajob has told, the oportunity is lost for her.

At the time of 2nd motion, she was given chance to revert, that was the last chance

@ queriest!
She has encashed the chq, she never uttered a word of reversal on 2nd motion. So do not worry, she wont revert, have u any air of doing so?

agreed with experts

i agree wid tajobsindia.