Withdrwal of consent
Kalyan Ghosh
(Querist) 31 October 2013
This query is : Resolved
In a mutually consented divorce case the petition has been already placed(Ist Motion has been moved).If within the cooling off period of 6 months either of the candidates withdraws his/her consent does it mean that the case is automatically dismissed and the court will direct the couple to cohabit and live together.
Also if the other candidate(Who does not want to withdraw ) wants to get the divorce what will be the options left before him/her,as the normal relations are beyond repair,as per this candidate
adv. rajeev ( rajoo )
(Expert) 31 October 2013
He/she will have to file a divorce petition, if parties are not ready for consent divorce.
Dr J C Vashista
(Expert) 31 October 2013
If the MCD petition has been already placed but not yet taken up, no need to proceed further and no question of cooling off period.
When either of the spouse withdraws his/her consent it does not mean that the case is dismissed, however, if first motion has been recorded in the court U/S 13-(B) (1) HMA and either of them donot want to proceed in mutual consent divorce, the consenting party shall have to move separate case falling under Section 13(1) HMA. If the parties did not get their statement recorded in first motionbefore the court , then there is no MCD case.
If first motion of MCD has been approved by the court, the parties shall have to move afresh for second motion u/s 13-B (2) HMA.
Please be clear about the case/querry.
ajay sethi
(Expert) 31 October 2013
court will not direct parties to live together . MCD would b e dismissed if one of parties with draws consent . you are at liberty to file separate petition for divorce
Rajendra K Goyal
(Expert) 31 October 2013
Well advised by the experts, nothing more to add.
