Case of dv

Chand Singhania (Querist) 29 December 2014 This query is : Resolved
After completion of the signing and hearings for Mutual divorce case, waiting for the decree to be received in hand, wife has filed case of mental torture against husband and his family. For this, court has kept the final decree in hold and has not given to both husband and wife.
What is the next thing which can happened now?
Can the court cancelled the decree of Mutual divorce at this point of time?

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Devajyoti Barman (Expert) 29 December 2014
If on the date of final motion the wife consents for mutual divorce, the court can no more keep the decree in abeyance more so if in the same suit the wife has not filed any new allegations in writing.

ajay sethi (Expert) 29 December 2014
if both parties have remained present at time of second motion and filed affidavits court has to grant divorce by mutual consent .

Rajendra K Goyal (Expert) 29 December 2014
On the second motion if both parties were present and consented, divorce is complete.

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