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Can a mutual consent divorce case be delayed or stopped if the wife, after receiving the full alimony amount during the second motion, refuses to proceed with the divorce, even though the husband has already initiated the mutual divorce proceedings?
In a mutual consent divorce, both parties’ consent is mandatory at both motions under Section 13B of the Hindu Marriage Act. If the wife withdraws consent after receiving alimony, the court cannot grant divorce. However, the husband can seek recovery of alimony or file a contested divorce citing misuse of process and fraud. For further legal assistance contact us on our helpline number.