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How To Cancel Divorce With Mutual Understanding

  • Writer: lead India
    lead India
  • Apr 15, 2023
  • 3 min read

It is more harmonious if both parties agree on the termination of marriage peacefully rather than fighting in the courtroom and defaming each other. Under the virtue of Section 13B of the Hindu Marriage Act, they can file a joint petition in District Court, and the Court can give them a divorce.


But if the couple changes their views and wants to save their marriage, in that situation, they can submit a petition with the court where their divorce is being handled, indicating that they would like to withdraw or cancel their divorce permission and give their relationship a second chance.


If both spouses agree to withdraw, the issue can be settled amicably, and the court dismisses the petition.


Remedies for the Cancellation of Divorce with Mutual Understanding

  • The court will not provide a divorce decree if the spouses submit an application to the court saying that they do not plan on seeking Mutual Divorce Process. That is feasible while the case is on-going in court for six months.

  • If the court finds that the complete withdrawal or cancellation of consent is not real, it may grant a divorce and dissolve the marriage. As a result, the court will overlook the consent withdrawal and issue the decree.

Can the Divorce Process be Mutually Withdrawn?


If the parties are given a waiting period following the initial motion, they may choose to change their minds. Not all divorces are irreversible; some may still be amenable to reconciliation, and the parties may choose to withdraw their permission and give their marriage another try.


The waiting time is particularly important in some circumstances since it allows the parties to go to mediation and possibly modify their minds. The parties' consent is also presumed withdrawn after the waiting time of 18 months, in which case a divorce decree would not be given.


After the first motion is granted, the spouses will have reached an agreement on issues including alimony, child custody, and other marital expenditures. Now, if one of the partners unilaterally withdraws their consent, the other party may suffer permanent harm.

Judicial Pronouncements on Cancellation of Divorce with Mutual Understanding

  • The court concluded in the case of Jayashree Ramesh Londhe v Ramesh Bhikaji that no single party can cancel the divorce petition unless and until both parties agree to the withdrawal or cancellation.

  • In the case of Nachhattar Singh v Harcharan Kaur, the court stated that once the parties willingly submit a divorce petition by mutual consent and all of the prerequisites laid out in Section 13B(1) of the Hindu Marriage Act, 1955, the consent is irrevocable.

  • According to the court in Rajat Gupta v Rupali Gupta, the agreement that the parties reached to settle their concerns and decide for a divorce jointly is a binding agreement and a type of undertaking. If a party withdraws their permission unilaterally now, they will be in breach of their promise made just before a court of law, which will result in civil court contempt by deliberately disregarding an undertaking. If consent must be revoked abruptly, it must be done on just and reasonable grounds, with no detriment to the other party.

A divorce by mutual understanding eliminates squabbles and saves significant time and money. With the growing number of divorce applications, mutual divorce is among the best-provided options. As a result, it is the most straightforward type of divorce and cost-effective and time-consuming compared to a contested divorce.


It is also a simple and painless divorce technique because any party can withdraw or cancel by submitting a petition to the court stating that they do not wish to divorce by mutual consent during the six months between the initial and second motion.


You will need a lawyer to help you know the process for the withdrawal of divorce with mutual understanding. If you want to cancel your divorce through mutual understanding in Noida, then a Divorce lawyer in Noida can be hired. Similarly, a Divorce lawyer in Delhi can be hired if you want to cancel your divorce through mutual understanding in Delhi.


At Lead India, you can consult and talk to lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.



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