{"id":53957,"date":"2023-03-24T16:08:48","date_gmt":"2023-03-24T10:38:48","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=53957"},"modified":"2023-04-10T18:42:44","modified_gmt":"2023-04-10T13:12:44","slug":"how-to-withdraw-a-mutual-divorce-petition-in-india","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/how-to-withdraw-a-mutual-divorce-petition-in-india\/","title":{"rendered":"How to Withdraw a Mutual Divorce Petition in India?"},"content":{"rendered":"\n<p>There are personal\nlaws which govern matters related to divorce between people belonging to the\nHindu religion. The parties to the marriage can apply for seeking a mutual divorce\nby filing a divorce petition to the District Court. The provision related to\nmutual divorce for parties belonging to the Hindu religion has been mentioned\nin The Hindu Marriage Act under Section 13B. After a joint petition has been\nfiled, the court scrutinizes the petition and passes a divorce decree\npermitting the parties to terminate their wedding.<\/p>\n\n\n\n<p>As per Section 13, parties are mandatorily required to wait for at least 6 months after filing and presenting the joint petition for divorce. They are given a period of 18 months to decide and take a step forward to the court for the passing of a divorce decree. For people not belonging to Hindu religion can follow the provisions stated under <strong>the Special Marriage Act<\/strong><sup><a class=\"text-primary\" href=\"https:\/\/www.indiacode.nic.in\/bitstream\/123456789\/15480\/1\/special_marriage_act.pdf\"><strong>[1]<\/strong><\/a><\/sup>. Section 28 of the said Act has similar provisions for mutual divorce. It contains conditions for the parties to apply for <strong><a href=\"https:\/\/corpbiz.io\/mutual-divorce\">mutual divorce<\/a><\/strong>.<\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_82_2 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title ez-toc-toggle\" style=\"cursor:pointer\">Page Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 eztoc-toggle-hide-by-default' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/corpbiz.io\/learning\/how-to-withdraw-a-mutual-divorce-petition-in-india\/#Grounds_for_Mutual_Divorce\" >Grounds for Mutual\nDivorce<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/corpbiz.io\/learning\/how-to-withdraw-a-mutual-divorce-petition-in-india\/#Can_Consent_Be_Withdrawn_In_Mutual_Consent_Divorce\" >Can Consent Be Withdrawn In\nMutual Consent Divorce?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/corpbiz.io\/learning\/how-to-withdraw-a-mutual-divorce-petition-in-india\/#What_If_Only_One_Party_Withdraws_The_Petition_For_Divorce_And_What_Remedy_Is_Available_To_The_Other_Party\" >What If Only One Party Withdraws\nThe Petition For Divorce And What Remedy Is Available To The Other Party?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/corpbiz.io\/learning\/how-to-withdraw-a-mutual-divorce-petition-in-india\/#Is_It_Possible_For_The_Parties_To_Withdraw_Their_Consent_After_The_Application_For_Mutual_Divorce_Has_Been_Filed\" >Is It Possible For The Parties To\nWithdraw Their Consent After The Application For Mutual Divorce Has Been Filed?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/corpbiz.io\/learning\/how-to-withdraw-a-mutual-divorce-petition-in-india\/#Conclusion\" >Conclusion<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Grounds_for_Mutual_Divorce\"><\/span>Grounds for Mutual\nDivorce<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>For filing a joint\npetition for divorce, the parties need to have grounds on which such a petition\nfor mutual divorce can be filed. The grounds have been mentioned below:<\/p>\n\n\n\n<ul><li>Both parties to a marriage are required to bring the petition together before the court.<\/li><li>The parties are required to file a motion to the court before the hearing begins.<\/li><li>For seeking a divorce, the parties must live apart for a minimum period of one year.<\/li><li>Parties to a marriage are not able to cohabitate together at a place.<\/li><li>That the parties have decided mutually to dissolve their marriage.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;<\/li><li>The parties are required to wait for a time period of 6 months after the divorce petition has been filed before the court.<\/li><li>From the date when the petition was filed, the parties are required to approach the court by filing an application for getting a divorce decree passed before the expiry of 18 months.<\/li><li>It is mandatory for the court to ensure that the consent of the party is free from any coercion, fraud or undue influence.<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Can_Consent_Be_Withdrawn_In_Mutual_Consent_Divorce\"><\/span>Can Consent Be Withdrawn In\nMutual Consent Divorce?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>There might be a\nsituation where either party to a marriage changes his\/her mind and wishes to\nsave the marriage. In such situations, such a party can file an application\nbefore the court stating their intention of withdrawing the permission for\ndivorce as he\/she is willing to give a second chance to the marriage. The court\nwhere the application is being made by the party must be the same court where\nthe divorce petition is pending for passing of decree.<\/p>\n\n\n\n<p>In case both the\nparties to a divorce petition agree on amicably withdrawing the petition, then\nsuch a court can dismiss the divorce petition.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"What_If_Only_One_Party_Withdraws_The_Petition_For_Divorce_And_What_Remedy_Is_Available_To_The_Other_Party\"><\/span>What If Only One Party Withdraws\nThe Petition For Divorce And What Remedy Is Available To The Other Party?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>If a party to the\npetition submits an application before the court stating his\/her intention to\nwithdraw the petition for divorce by mutual consent, then the respective court\nwill not pass any decree for permitting divorce. Either party has the right to\ndo so during the first six months when the petition is pending in court.<\/p>\n\n\n\n<p>After analyzing\nthe application made by the party for withdrawal of the petition, if the court\nfinds out that the application is not genuine, the court will not consider such\nan application and pass a decree for divorce.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Is_It_Possible_For_The_Parties_To_Withdraw_Their_Consent_After_The_Application_For_Mutual_Divorce_Has_Been_Filed\"><\/span>Is It Possible For The Parties To\nWithdraw Their Consent After The Application For Mutual Divorce Has Been Filed?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>There have been\ncertain landmark judgements where the court has considered the application for\nwithdrawal. These are:<\/p>\n\n\n\n<ul><li>In the case of Jayashree\nRamesh Londhe v Ramesh Bhikaji, the Hon\u2019ble court held that the parties to a\ndivorce petition are not allowed to withdraw from such petition unless both parties\nare willing to withdraw their consent.<\/li><li>The court in the case of Nachhattar\nSingh v Harcharan Kaur held that once all the conditions of Section 13B have\nbeen duly fulfilled and the parties have filed a mutual divorce petition, then\nsuch parties are not allowed to revoke their consent.<\/li><li>The court held that\nmutual consent of both parties to a mutual consent must be present until the\ndivorce decree is passed. The time period of 6 months when the petition is\npending before the court is given to the parties to re-think their decision of\nseeking a divorce. It is not necessary for both parties to withdraw their\nconsent. Either party to the petition can do so. This was observed in the case\nof Sureshta Devi vs. Om\nPrakash.<\/li><li>Later, the court held\nthat mutual consent needs to be present until the decree for divorce is passed\neven if one of the party does not withdraw his\/her consent till the time period\nof 18 months gets completed in the case of Ashok Hurra v Rupa Zaveri.<\/li><li>The Hon\u2019ble Supreme Court\nin the case of Anil Kumar Jain vs. Maya Jain held that the mutual consent for\ndivorce should remain until the decree for divorce has been passed. Also, the\ncourt has the authority to exercise its power given under Article 142 of the Indian\nConstitution to ensure that justice has been provided to the parties to\ndivorce.<\/li><li>In the case where the\nhusband to a divorce petition did not appear before the court after the filing\nof the divorce petition. Then the court assumed that the husband did not have\nany intentions of withdrawing his consent and mere silence was not considered\nas withdrawal of consent. Thus, the court passed a decree assuming that neither\nparty revoked his\/her consent for mutual divorce. This was held in the case of\nSuman vs. Surendra Kumar.<\/li><\/ul>\n\n\n\n<p>If the party who\nis intending to withdraw his\/her consent from such mutual divorce, he\/she needs\nto inform the court mandatorily by making an application either by\nhimself\/herself or through the respective advocate appointed by such party. If\nsuch a party who is willing does not do so, the court will stay under an\nimpression that the divorce proceedings should continue and no party is willing\nto withdraw his\/her consent from such mutual divorce.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conclusion\"><\/span>Conclusion<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>Parties to a\nmarriage who willingly enter into a mutual agreement and consent to terminate\ntheir marriage save a lot of time and money. It is also the simplest form of\ndivorce which involves less time and money as compared to the time, money and\nstress to the parties during a contested divorce.<\/p>\n\n\n\n<p>It is a much easier and less complex method for divorce. The parties are provided with a time limit of 6 months when the petition is pending before the court so that if any of the party or both parties considers withdrawing the consent to seek a divorce can do so by filing an application in the court where the application is pending. Thus, in such cases where a single party has withdrawn his\/her consent, then such a person is left with an option to file an application before the court for a contested divorce.<\/p>\n\n\n\n<p><strong>Also Read<\/strong>: <br><a href=\"https:\/\/corpbiz.io\/learning\/how-to-give-divorce-notice-to-wife\/\">How To Give Divorce Notice To Wife?<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>There are personal laws which govern matters related to divorce between people belonging to the Hindu religion. The parties to the marriage can apply for seeking a mutual divorce by filing a divorce petition to the District Court. The provision related to mutual divorce for parties belonging to the Hindu religion has been mentioned in [&hellip;]<\/p>\n","protected":false},"author":63,"featured_media":53975,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[272],"tags":[3317],"acf":{"service_id":"220"},"authorName":"Dharna Rajpal","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2023\/03\/MicrosoftTeams-image-19.jpg","authorDescription":"Dharna Rajpal is currently pursuing her LLM in Corporate Laws from NIMS University, Jaipur and is a gold medalist in her graduation. She has a command over legal research and writing. She has published chapters in several books mostly related to corporate and commercial laws.\u00a0","postViews":9129,"readingTime":5,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/53957"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/63"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=53957"}],"version-history":[{"count":4,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/53957\/revisions"}],"predecessor-version":[{"id":54841,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/53957\/revisions\/54841"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/53975"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=53957"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=53957"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=53957"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}