Yes, a spouse can withdraw consent in a mutual divorce in Bengaluru, including in situations where an agreed child custody arrangement is not being honoured, because Indian law is unambiguous that mutual consent must remain genuine and voluntary right up to the point the final divorce decree is passed — either party retains an absolute right to withdraw that consent at any stage before the decree is granted, without needing to justify the reason extensively, though a broken custody agreement certainly provides strong, legitimate grounds.

Under Section 13B of the Hindu Marriage Act, 1955, a mutual consent divorce requires a mandatory cooling-off period, along with a second motion where both parties must reaffirm their consent before the court before the decree is finalised. The Supreme Court has clarified in several rulings that consent given at the first motion is not final or binding, and either spouse can withdraw it any time before the second motion is heard and the decree passed. If your spouse has failed to honour agreed custody terms — such as visitation schedules, decision-making arrangements, or residence terms that were part of the settlement — this breach can be a completely valid and understandable reason to withdraw your consent to the mutual divorce.

If you withdraw consent, the mutual divorce petition typically cannot proceed further as a joint petition, and the matter may either be dismissed, or you may need to convert your case into a contested divorce petition based on applicable grounds if you still wish to proceed with separation. Importantly, withdrawing consent does not waive your right to pursue enforcement of the original custody agreement separately or to renegotiate custody terms through a fresh settlement or contested proceeding before the Bengaluru Family Court.

Before withdrawing consent, it is worth carefully weighing your options with your lawyer, since in some situations, seeking enforcement of the existing custody agreement through the court, rather than withdrawing consent altogether, may achieve a faster and less disruptive resolution than restarting the entire divorce process as a contested matter.

Given how consequential this decision is for both the divorce and future custody arrangements, it is important to think through your strategy carefully with experienced counsel before acting. The team at Aapka Legal Advice can help you weigh whether withdrawal or enforcement is the better path for your specific situation. Its divorce and custody lawyers in Bengaluru, along with a panel of retired judges available for consultation, can guide you through whichever route best protects your and your child's interests.

In short, yes, you can withdraw consent in a mutual divorce in Bengaluru if a custody agreement is not honoured, but it is worth carefully considering whether enforcement of the existing agreement might serve your interests better than restarting the process.