Adv Param Hansh Yadav (BBA LL.B ( Practice at Rohini District Court Tis Hazari Courts Karkardooma Courts & Dwarka District Court)) 02 February 2021
Nandini Warrier 04 February 2021
Good evening,
Mutual divorce refers to consent from both parties within a marriage to separate and divorce mutually.
Section 13 B, in the Hindu Marriage Act in 1976 introduces divorce through mutual consent, providing a total 18 months before a decree for divorce can be passed. In those 18 months, or before said 18 months, any party can change their mind and decide to withdraw their mutual consent divorce claim.
This decision will prevent the courts from passing a divorce decree, since for the court to pass the decree, there must be enough evidence and satisfactory claims between the two parties of the divorce.
Your absence in the courts for the second motion can also dismiss your mutual divorce, since your presence for the same is required to pass the decree. You can also go to the court and just state that you do not wish for a mutual divorce anymore. This will also dismiss the decree.
Hope this helps!
Regards,
Nandini
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