What If Husband Promised To Change After Filing Divorce?

Lead India
Jul 7, 2023
3 min read

After filing the action but before the court takes any further action, divorcing spouses occasionally get back together. If both parties agree, the divorce can be stopped by filing paperwork with the court requesting that the divorce be dismissed. They frequently have the option to ask the court clerk for a dismissal form at any moment before a verdict has been rendered. The petitioner alone may file the dismissal form if no response has been sent. Both spouses must sign the dismissal form if a response has been submitted.

The petitioner may ask the court to drop the divorce case at any time before the judge issues the final divorce decision by submitting a motion to dismiss without prejudice. The procedure for submitting such a move varies by jurisdiction, and the court might provide a form that must be completed or may only need a letter declaring the wish to withdraw the divorce case.

The Procedure for Filing for Divorce to be Retracted mutually

Marriage alone can change your life, but divorce can also. If you and your spouse have started the divorce process without realizing that it is bad for their future and want to reconcile, rest assured that it is likely. The law encourages marriage and discourages divorce for the sake of social and family stability. Therefore, there are procedures for withdrawing the divorce proceedings before the judge issues the divorce judgment, as follows:

The Parties must ensure that they withdraw the Divorce petition. First, ensure that reconciliation is the best course of action for your family, your partner, and yourself. There are costs associated with starting the divorce process, and there are charges associated with halting it, such as court costs or lawyers’ fees, if your spouse has so far filed a reply or counterclaim. Therefore, you must refrain from squandering your partner's time and money. Instead, have an open and honest conversation with them while trying to ensure that both of you are committed to preserving your marriage.
The Parties must file an Action for the dismissal. The court needs proof that both parties want to get back together because you previously said you wanted to divorce. You must sign the document once the action is finished. The action is often filed in front of the clerk of court, and the judge will only approve it if both of you have signed. Plan a hearing to determine its value if only the petitioner has signed. Put in a dismissal order. In some jurisdictions, you may need to submit a demand for dismissal and release action. The order states that the action has been taken or that the hearing date has been established.
The Parties must ignore the counterclaim. A counterclaim would be the most common if a divorce was requested for a reason, such as adultery or desertion, as an objection to a divorce carried out without regard to a fault. Even if the petitioner withdraws the first action, if the counterclaim is still there, the case will once again be a "live" one. The divorce petition must be withdrawn while simultaneously ignoring the counterclaim. The same steps are followed to dismiss the petitioner's initial claim as well as to reject a counterclaim.

If you and your spouse withdraw your divorce petition but have retained lawyers to handle your divorce, close the case. Make sure you all get in touch with the lawyers to end your case.

Role of Judiciary

In Sureshta Devi v. Om Prakash, the court determined that there should be mutual consent up until and including the time that a divorce judgment is rendered. The parties were given a six-month window to change their minds. It is not necessary for either party to change their opinions. One party may also carry it out.

You will need a lawyer to help you withdraw the divorce petition if the husband promises to change his mind. If you want to get help with withdrawing the divorce petition in Gurgaon, then a Divorce lawyer in Gurgaon can be hired, and if you want to get help with withdrawing the divorce petition in Cuttack, then a divorce lawyer in Cuttack can be hired. Similarly, a divorce lawyer in Delhi can be obtained if you want to get help with the divorce petition in Delhi.