Reconciliation in mutually consented divorce case
Bablu Ghosh
(Querist) 18 September 2013
This query is : Resolved
In a mutually consented divorce case under Section 28 of Special Marriage Act,1954 the first motion has been filed.The wife is the Petitioner No-1.After this the judge has asked for reconciliation between the parties in between 3 months of filing the case,but no reconciliation has been done between the parties.The judge again asked for outing between the petitioners for a day which has ALSO proved futile.Now if the wife(PETITIONER NO 1 AND WHO HAS INITIATED THE CASE) withdraws the case (WHICH IS A FARCE planning more incidents in future)whether the boy can STILL ask for divorce from the court .There has been some cases where it was shown that the wife does not
want divorce is merely an eye wash & not bonafide. The consent for obtaining divorce decree by mutual consent was free and without any force AND IT HAS BEEN RECORDED IN THE APPLICATION for divorce also.NO ONE HAS FORCED THE WIFE TO LEAVE THE FAMILY(she has left on her own) AND IT IS SHE WHO HAS INITIATED THE CASE.Normally the reconciliation is done in contested case
Can you help with your suggestion and similar orders where court has upheld the decree of divorce.With thanks
ajay sethi
(Expert) 18 September 2013
wife is at liberty to with draw her consent till divorce decree is passed . she can always change her mind .
for citations visit indian kanoon website
Rajendra K Goyal
(Expert) 18 September 2013
Agree with the expert ajay sethi ji, nothing more to add.
R.K Nanda 
(Expert) 18 September 2013
visit indiankanoon.com
Raj Kumar Makkad
(Expert) 18 September 2013
Every party to MCD is at liberty to withdraw from its earlier statement and thus cannot be pressurized to obey the earlier agreement. Try to negotiate the issue.
