once filing a divorce petition by mutual consent , can any one opt out, then?

Question

I mean to ask that after after I and my husband have filed a mutual divorce petition, and after passing out of the 6 months time provided by the court, can my husband now refuse to give me divorce? Can the mutual petition be cancelled by him alone, if I do not agree to cancel it? It is now 9 months running.

Answer 1

We should first read section that provides the provisions of divorce by mutual consent, I presume it is under the Hindu Marriage Act,1955 section 13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
Here the second part of the section clearly provides that court shall on being satisfied after hearing the parties & after making such inquiry as it thinks fit , firstly about actual solemnization of the marriage, secondly averments in the petition, which are that such petition has been filled after one year of such marriage, that both the parties have been living separately for one year or more, that consent for divorce has not been obtained by force, fraud or undue influence, that there has not been any unnecessary or improper delay in instituting the proceeding, that there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly.
Another legal duty of the family court in any such case is before proceeding to grant any relief under this Act, it shall be the duty of the Court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavor to bring about a reconciliation between the parties
It only after all these above mentioned conditions to the full satisfaction of the court a decree of divorce is granted. Now coming to your pertinent question whether your husband can cancel the petition for divorce by mutual consent of his own? You husband cannot cancel the said petition by himself but he can revoke his consent any time before the passing of the decree of divorce which in any case has to be passed within eighteen months from the date of filling such petition. You say in you case six months time was provided by the court & now nine months have passed; my question here is what you’re sensible Advocate has been doing for all this period? If a date of six months was fixed did you or your advocate move the family court & inquired the latest position in the matter. Usually the court fixes a date any time after six months when both the parties have to be present in person with or without their counsels & the family court inquire from both their intentions for the last time for such divorce, the court if find that both the parties have not changed their mind for divorce & all the conditions as I mentioned above are to its satisfaction shall pass an order for dissolution of the marriage by decree of divorce. If any of the parties want to withdraw his or her consent for such divorce then court shall dismiss the said petition. In your case what I presume your husband may have moved an application for withdrawal of such consent in your absence on the date of next hearing & got this petition dismissed ex-parte as you failed to mark your presence of that date of hearing in the court. Now you should do is to examine the courts file in the relevant family court & check the last order passed by the presiding officer/judge of the court. If your husband has not moved any such application for withdrawal of his consent then most probably due to your absence of the relevant date of hearing the court may have fixed another date of hearing which you can note from the order sheet of the court record & make it a point to present on that day of hearing. The service of advocates are being taken only to keep in record all the proceedings of the court & any sensible advocate always makes a brief note of the order on the date of hearing & inform that to his or her client any advocate failing to do so can be charged for professional misconduct . Hope this briefing given by me will be sufficient information to you & all other readers of this reply.

Answer 2

Mutual Divorce Petition

Answer 3

The time period for granting mutual divorce is 6 to 18 months from the date of filing the petition.

If your husband does not withdraw his consent before the 18 month deadline, then the supreme court has recognized this as grounds for granting divorce.

The consent must be there from both parties, i.e husband and wife if one party is unwilling or changes their mind then mutual divorce will not be granted.

You can either wait another 9 months to see if your husband withdraws his consent or you can proceed on your own for divorce on any of the grounds available under Sec. 13 HMA if you feel your husband will not accept mutual divorce.

If your husband refuses consent for mutual divorce it may prove more detrimental to him in the long run, being a woman the law will definitely consider your case favorably if you can show any good reason to divorce your husband.

Answer 4

Divorce by mutual consent means dissolution of a hindu marriage by the parties to the marriage on their mutual consent. ther must be the presence of mutual consent of BOTH the parties for divorce.
Section 13B sub section (2) of the Hindu Marriage Act states that -- on the motion of BOTH the parties made not earlier than 6 months after the presentation of the petition of divorce by mutual consent and not later than 18 months after the said date if the petition is not withdrawn in the mean time then the magistrate will pass a decree of divorce by mutual consent .
As for ur case the court had provided u and ur husband 6 months time after u have filled for divorce on mutual consent and now its nine month running . ur husband can withdraw the petition of divorce any time within 18 months of ur presentation of the petition of divorce by mutual consent. divorce by mutual consent requires the consent of both the parties .
u can move to the court for divorce as under section 13 of the Hindu Marriage Act 1955 and in this u can also claim for maintenance from ur husband.( even if u move to the court before ur husband withdraws the petition of divorce by mutual consent ur husband on examination by the magistrate can very well stae that he doess not want have divorce from u and the decree of divorce by mutual conent cannot be passed.)

Answer 5

Each state has different laws regarding the voluntary dismissal of a petition for divorce. Go see an attorney. Most of us give free initial consultations. Getting legal advice on a forum as broad as this is unwise given the verities in the different jurisdictions regarding civil procedure.

Answer 6

You need to check the laws in your state. www.myparentingportal.com has links to divorce by state. Try to find what you need there

Answer 7

please advise I am in great problem,PURSIS has been filed in the court with few condition and now i intend to withdraw as wishes of so is effected.

Answer 8

You should call a lawyer and ask.