Can wife stop mutual divorce after receiving full alimony?
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?
Dear Client, Yes, a mutual consent divorce can proceed only if both spouses keep giving their free consent right up until the final decree is passed. If the wife decides to withdraw her consent before the decree, the court generally cannot grant a mutual consent divorce, even though she already received the agreed alimony. In that kind of situation, the husband might look for recovery of the money paid , depending on what the settlement terms say, or he can try other legal paths. He may also think about filing a contested divorce on available grounds . What happens in the end will usually hinge on the settlement agreement and the exact circumstances of the case. For more help, contact Prime Legal.
Dear Client, The primary essential for a mutual consent divorce in India is the free consent of both parties involved in the suit. Thus, if any of the parties withdraws from the proceeding, the court shall not entertain the suit for divorce under mutual consent. However, your wife cannot simply keep the alimony and not proceed further due to the doctrine of approbate and reprobate, which simply means ‘which I approve, I cannot disapprove’. Thus, you can sue for recovery of the amount but cannot compel her for divorce under Mutual Consent. However, if you still wish for a divorce decree, you can do so by filing a suit for contested divorce. I hope this answer helps; if you have any further questions, please don't hesitate to contact us. Thank you.
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.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
