Answer:
Yes. Either of the spouses can revoke the consent before passing of divorce decree in mutual consent divorce. Divorce by mutual consent is grounded on the consent of both parties and where even if one spouse does not desire to divorce then court will not grant divorce decree.
For Divorce by mutual consent: Both parties need to keep their agreement till the face of divorce proceeding. Withdrawal of consent of either spouse before declaration of divorce decree has many consequences on mutual consent divorce petition.
Maintenance, alimony, custody of child, etc. All such purposes needs to be understood properly under Section 13B of Hindu Marriage Act, 19 55. Court will inquire about the petition and reasons for such withdrawal depending upon the facts of the case.
Legal issues can arise and becomes complicated where there is associated with issues such as maintenance/alimony, child custody, settlement of property or any matrimonial setup. One need to have the correct understanding of their legal rights to safeguard them and choose what to do next.
BK Singh is known for handling such delicate cases and having experience in divorce cases and family matters. He can help you to understand your standing in front of law, sort the issues which are raised against you during mutual consent divorce and present your matter efficiently in front of family court.
So if your spouse withdraws the consent before the divorce is granted, consult with Advocate BK Singh at the earliest to understand your legal strategy which can be adopted according to the facts of your case.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
