Filing of Divorce by mutual consent

Ekta chandra (Querist) 09 May 2017 This query is : Resolved
We filed fr divorce on 4th march mutually. Our second motion is due in september. After 3 months my husband is trying to reconcile to which i have agreed. But when i asked him to withdraw the application, he said there is no need and it gets nullified if we dont appear. But Incase he again changes his mind then even if i go back i m at risk . Pls advice

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Kiran Kumar (Expert) 09 May 2017
Well its good that you both are intending to give a fresh life to your relationship.

Technically the case may fall at some stage or after couple of adjournments if you both don't appear before the court.

But keeping in view the circumstances, it will be better to withdraw the case on the said date after making requisite statement before the court, to the extent that you both have again decided to stay together.

Hope your husband will not have any objection to it.

Rajkumar Tiwari (Expert) 10 May 2017
Yes it's advisable to withdraw the petition by appearing on date stating the fact before the court.

Rudrawar Narayanreddy (Expert) 10 May 2017
once start live together the life of petition comes to end. The same is to be reported to the court

Dr J C Vashista (Expert) 10 May 2017
Congratulations for reconciliation and resettlement in your married life. My best wishes to you (both).

Do not worry about your case, if you do not file petition u/s 13 B(2) HMA, 1956 (second motion) it would automatically lapse after 18 months, thereafter proceedings of first motion will become invalid and of no consequence.

DR.VEDULA GOPINATH (Expert) 10 May 2017
Madam

It is better and desirable you both withdraw the case and live a happy married life.
If you both feel you should have a written document, you can have simple MOU

good wishes

cs dr vedula gopinath advocate/arbitrator