Sajith (Analyst) 08 May 2010

Withdrawal of mutual consent before 2

I had applied for a mutual consent on 1st of april and the second hearing is on 1st of Oct, but now i want to withdraw the mutual consent and want my wife to stay with me. what are the procedures to with draw my consent and how long does it take. I dont know the file number nor does have copy of the signed paper

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2 Replies

R.R. KRISHNAA (Legal Manager) 08 May 2010

Dear sajith

After the parties file the mutual consent petition, the court records the statement of both the spouses and adjourns the matter for a period of 6 months. After the said period the parties (husband and wife) have to again approach the court for making a second motion confirming the mutual consent filed by them. During this period of 6 months when the petition is pending, any of the spouse is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.

Since you want to live with your wife, I suggest you to file an application immediately before the court to withdraw the mutual consent.

You may contact your advocate to know your file number or the court staff may assist you if you provide the relevant details of your case.

Good Luck…..

(Guest)

YOU MAY SUBMIT THE APPLICATION MENTIONING THE FACTS AND REASONS AND MAY TAKE THE MATER ON BOARD EVEN AT EARLY DATE AND SUBMIT YOUR APPLICATION TO THE COURT.COURT WILL CALL SAY OF OTHER SIDE AND WILL PASS APPROPRIATE ORDER.

GOOD LUCK.