Earlier wife from foreign country had filed H.M.P. in family court u/s.13(1)(ia) of H.M.Act through power of attoreney. Then this petition was converted into mutual consent divorce u/s.13B of H.M.Act.. Then after, husband has withdrawn his consent in petition of section 13B of HMA (mutual consent divorce) after the next court date of filing the petition as he sustains the marriage life. Now, Wife from foreign country again filed a new H.M.P. u/s.13(1)(ia) of hindu marriage act in family court through power of attorney stating that wife in foreign country gets lots of mental cruelty by the act of withdrawal in mutual consent divorce petition by husband.
1.Does withdrawal of consent in petition of mutual consent divorce u/s.13B of H.M.Act is amount to mental cruelty?
2.Please refer any judgment related to this type of case.
