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, 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.
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