Community › Forums › Legal Advice India › What happens if the woman changes her mind one day before the divorce decree
- This topic has 8 replies, 5 voices, and was last updated 1 year, 5 months ago by
Soniaeagle333.
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UUser_d9135467
PARTICIPANT
January 13, 2025 at 10:17 amPosting on behalf of a friend.
My friend and his wife had filed for mutual divorce in November (after living separately for 2 years).
The reason was infidelity from his wife. Although the wife was the one who started the process (after 2 years of living separate). The husband also wanted it. He agreed to the alimony asked – she asked for a one time settlement. They filed through a common lawyer. 2 hearings happened. In the 2nd hearing they had counselling after with the judge waived off the 6 months period. Now the final date was 14th Jan.
The husband paid 50% settlement. The rest he would have paid tomorrow. Suddenly today she’s making excuses saying she won’t be available tomorrow due to lack of leave. Then started texting him to take her back. Husband has made up hus mind. Wants it to just end after all that suffering.
Wife is refusing to come to court. Their lawyer persuaded her and she called him after that and texted him saying he can’t force her like this and texted her asking not to provoke her.What can he do now to make it end ? What are the options? Best possible advice.
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UUser_d61e49af
PARTICIPANT
January 13, 2025 at 10:37 amNAL. The court has to take a call in this matter. The wife is legally allowed to withdraw the mutual petition anytime before the case reaches finality as far as I know. Unless the husband wants to be in a vulnerable position it would be best to keep silent for the time being and let the advocate do the talking. Being emotional at this stage will only hurt the husband and portray him in a poor light before the court. -
SSoniaeagle333
PARTICIPANT
January 13, 2025 at 10:53 amI’ve known 2 or 3 cases in my circle where women did cheating than applied for divorce, but during divorce last date started crying but my friends were lucky. These people always cry and if you pressurise them it’s provoking for them. It’s called victim mindset.-
UUser_d9135467
OP
January 13, 2025 at 10:54 amHow did your friends handle it ?-
SSoniaeagle333
PARTICIPANT
January 13, 2025 at 11:35 amNothing to handle, just accept it and move on. My friends were all in college the moment their girlfriends joined corporate they all cheated.-
UUser_d9135467
OP
January 13, 2025 at 11:38 amI meant, how did they proceed with the divorce ?-
SSoniaeagle333
PARTICIPANT
January 13, 2025 at 12:35 pmoh sorry I didn’t understood the question. Well it was mutual as girls had their new boyfriends so they agree to mutually get divorced.
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SSubhashtiger265
PARTICIPANT
January 13, 2025 at 11:38 amNAL.
If she doesnt appear in court, or appear and deny her consent in final questioning with judge – there is nothing you can do about it. In mutual cases, courts/judges dont interfere at all.I suggest not to lose cool, but try to persuade her. Also if she doesnt come tomorrow, then a new extension can be taken easily. Ensure your friend appears in the court for getting a new date.
This is indeed a tricky situation, handle with patience. You need her to be rationale because nothing comes good if she backs off or doesnt cooperate. -
RRapidrider6247
PARTICIPANT
January 13, 2025 at 1:02 pmIf he has made up his mind then convey the same to her strictly. Try to discuss how much the cheating has hurt him in the chats and ask her to let go of the sham relationship.Why did he pay up settlement before the last date? IMHO, he should have done at the end.
NAL, but probably he would have to go for a contested divorce in this case unless he can convince her to let him go.
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