If you are not willing for divorce and want to settle down with your husband, then you should not agree with mutual consent divorce under the belief that under this pretext you can go back to the husband’s house and then you may withdraw the consent for the mutual consent divorce.
Firstly, it is not sure whether you would be able to reside in your husband’s house merely because you agree for mutual consent divorce. Secondly, even if it is possible, then what is the guarantee that after you withdraw the consent for divorce at a later stage, your husband would still allow you to reside in his house?
The remedy for you would perhaps be to convince for residing together. If he does not agree, you can file a petition for restitution of conjugal rights. You can also apply for maintenance for yourself and your minor child. Also opposite his divorce petition if you are not agreeable for divorce, as you have mentioned.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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