3 Answers
Dear Client,
Yes, you can withdraw your consent before the court passes the final decree, especially if the settlement was only signed during mediation and no final order has been given, but the court will scrutinise the withdrawal and may refuse it (or grant relief to the other side) if the other spouse has relied on the settlement or there is evidence you acted on it; therefore promptly file a written application in the court (before the second motion/final decree) stating you withdraw consent and give your reasons, preserve any evidence of coercion or change of circumstances, and be prepared for the other party to oppose.
I hope this helps and if you have any further issues do not hesitate to contact us.
Dear Sir/Madam,
Yes. If the mutual consent divorce petition has not yet been filed before the Family Court, you can still withdraw from the settlement or consent terms. Mere signing of consent terms before a counsellor or even in the presence of a judge does not by itself dissolve the marriage or permanently bind you to proceed with divorce.
Dear Client,
The general position under section 13B of the Hindu Marriage Act is clear. Mutual consent of both parties is required at every stage. When the parties move to the court at the first instance with the divorce petition, when the parties approach the court after the waiting period, when the court makes inquiry, and at the time when the decree of divorce is granted. If any party says that I have withdrawn my consent or I am not a willing party to the divorce, the court cannot pass a decree of divorce by mutual consent. Since the divorce petition has not yet been filed in your case, you are at the very earliest stage, and withdrawal is clearly permissible.
However, there is a very important development you must consider. The Supreme Court in Dhananjay Rathi v. Ruchika Rathi recently held that while consent can ordinarily be withdrawn before the final decree, such withdrawal is impermissible where parties have entered into a binding settlement and acted upon it. It is not open for a party to step back from a settlement agreement without valid justification such as fraud, coercion, or non performance. If the consent terms you signed before the judge and counsellor constitute a binding settlement and if your husband has acted upon it in any way, your ability to withdraw may be more restricted than in ordinary cases.
The fact that the petition has not been filed is strongly in your favour. I will advise you to write a clear, written communication ideally through your advocate stating that you withdraw your consent to the terms signed and do not wish to proceed with the mutual divorce. I also advise you to do this immediately and on record, before the petition is filed.
I hope this helps, and if you have any further issues, do not hesitate to contact us.