Legal Advice

Can I withdraw my consent in the mutual consent divorce?

Question: I am feeling cheated in the mutual consent divorce. My husband is not willing to fulfill his promise therefore, I want to withdraw my consent. Does it possible. Can I withdraw my consent in the mutual consent divorce?

Advise

If you feel that your husband is not fulfilling his promises or obligations, you may be able to use that as a grounds for withdrawing your consent. However, it will depend on the specific details of your case and the laws in the jurisdiction where you are filing for divorce.

You can consult a lawyer for guidance on the options available to you, and the potential consequences of withdrawing your consent.

You should also consider that withdrawing consent may lead to a contested divorce which will be a long legal battle and may not be the best option for you. If you decide to withdraw your consent, it’s important to have a clear and solid reason for doing so, and be prepared to provide evidence to support your decision.

Additionally, it is always best to try to negotiate a resolution with your spouse before withdrawing your consent, but if that is not possible, seek legal advice and act accordingly.

In a mutual consent divorce, both parties must agree to the divorce and sign the necessary paperwork. If one party wishes to withdraw their consent, it can be difficult to proceed with the divorce without the consent of the other party. However, there are a few options that may be available:

  1. Mediation: You and your spouse may be able to work through your differences and come to an agreement through mediation. A neutral third-party mediator can help facilitate communication and find a resolution that works for both of you.
  2. Negotiations: You can try to negotiate a withdrawal of consent with your spouse through your lawyers or by communicating directly.
  3. Seeking legal advice: You can consult a lawyer and seek legal advice on how to proceed. They can provide guidance on the options available to you and the potential consequences of withdrawing your consent.
  4. File a contested divorce : If your spouse doesn’t agree to withdraw consent, you can file a contested divorce, where the court will decide on the grounds of divorce, alimony, child custody and property division.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Divorce Cases

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