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What remedies are available if one spouse refuses to give consent for mutual divorce?

Posted by jobseeker Daksha Aggarwal | Approved
Answers (1)

Mutual divorce under Section 13B of the Hindu Marriage Act requires the free and voluntary consent of both spouses at two different stages: the first motion (initial filing) and the second motion (final confirmation after six months or a waiver). If either spouse refuses to give consent at any point, the mutual divorce process cannot proceed further, and the petition will be dismissed. In such a case, the only way forward for the other spouse is to file a contested divorce petition under Section 13 of the Hindu Marriage Act, citing valid grounds such as cruelty, adultery, desertion, mental disorder, etc. This will convert the divorce into an adversarial proceeding, where both parties will present evidence and arguments before the court. Also, in situations where one spouse is unreasonably withholding consent or using it as leverage (e.g., for money, property, or custody), the courts may consider this as mental cruelty and allow the divorce through a contested petition, based on recent judgments.

Answered by jobseeker JYOTI MEENA | Approved

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