What should be the consequences in court of India?

Question

Once husband and wife both signed the petition of divorce on mutual concent and then wife turned back and started telling that she doesn't want divorce. Every time she is telling her husband that she wants to be with him. Now she is telling that her signature was taken by force. But husband is not ready to step back. Question:
a. Can it be accepted by the court that the signature was taken by force in case of adult wife?
b. will husband be in faulty position that he forced her to do it?
c. Will wife be in faulty position that she is cheating now?
d. Will it be the proof of cruelty on wife by her husband?
e. Can she claim for reunion in court?

Answer 1

Any party to such marriage or now in divorce who wants to go for divorce by mutual consent has legal right to withdraw his or her consent any time before a final decree of divorce is granted by the Family court in India. The question whether such consent was taken by force or fraud or undue influence or will it amount to cheating or cruelty is irrelevant. Any person can always have a change of mind & to hold such person as cheat or committing cruelty is absolutely wrong. Even before a final order is passed by the Family court the court do ask both the parties regarding any change of circumstance or compromise between them, only when both of them again show their willingness for the divorce the court pass its final order & grant them decree of divorce, if any one of them objects to it before the order is passed the petition for divorce by mutual consent is dismissed then & there itself & no decree of divorce is passed on it. Any wife claiming her reunion in the court will have no value if her husband refuse for the same & he cannot be forced to keep her even if a decree of restitution of conjugal right is passed against him by the family court, the maximum such a wife can do is to claim maintenance & residential place to live from her husband, the order for which definitely can be passed on the basis of evidence & circumstances of the case.

Answer 2

Either party to a petition for divorce by mutual consent can withdraw such consent. After the petition is filed, the court takes between 6 to 18 months to dispose of the matter and during this time either party can withdraw such consent. The consent must last through out the proceedings and it is not sufficient that the consent was there only at the time of filing the petition and subsequently such consent was withdrawn. It is the right of a party to a martimonial dispute to seek re-conciliation and the courts usually try their best to patch up the differences if at all possible. However, the husband can always apply for divorce on his own, under the grounds mentioned in Sec. 13 of Hindu Marriage Act, Cruelty being the most popular ground for divorce. If the wife is unwilling for divorce then divorce by mutual consent is not possible. The husband has to either reconcile with his wife, or seek divorce / judicial separation on fault grounds. But the wife can counter this, and also seek maintenance, file complaints with police under Sec. 498-A for cruelty and harassment for forcing her to sign divorce papers against her will, and seek residence order under Domestic Violence Act. Any act of the husband either by words, by physical acts, or deprivation of money ( economic abuse ) can amount to violence against the wife under the domestic violence act which on the sole uncorroborated testimony of the wife is sufficient to send the husband to jail for upto 1 year and of fine upto Rs. 20,000.