Divorce by Mutual Consent – Withdrawal of Suit

The person who institutes a suit, has every right to withdraw the same. Where the parties had filed a petition for divorce by mutual consent expressing their desire to dissolve their marriage due to temperamental incompatibility and the respondent (wife) withdrew her consent before the stage of second motion. The withdrawal of consent was after a period of eighteen months of filing the petition. The respondent (wife) further submitted that she was taken by surprise when she was asked by the appellant for divorce, and had given the initial consent under mental stress and duress. She also stated that she never wanted divorce and is willing to live with the appellant (husband) as his wife. Consent should always be a free consent.

       Even if withdrawal application is filed after 18 months, the court is not bound to grant divorce decree by mutual consent. The court has to proceed with about the genuineness of the averments in the petition and also to find out whether the consent was not obtained by force, fraud or undue influence and whether marriage can be saved. The court may make such inquiry as it thinks fit including the hearing or examination of the parties for the purpose of satisfying itself whether the averments in the petition are true. Rahul Kamal v. Sudha Pandey, 2018 (131) ALR 673.

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Filed under divorce by mutual consent, Withdrawal of Suit

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