Yes, a spouse can indeed withdraw consent in a mutual divorce in Chennai if the agreed child custody arrangement is not being honoured, since mutual consent divorce fundamentally depends on the continuation of genuine agreement between both parties regarding all material terms, including custody arrangements, and a significant breach of these agreed terms can provide legitimate grounds to reconsider participation in the mutual consent process before the final decree is passed.

If your spouse has failed to honour the agreed custody arrangement that formed part of your mutual consent settlement — whether through denying agreed visitation, unilaterally altering the arrangement, or otherwise failing to comply with what was specifically agreed — you can raise this breach with the Chennai family court and indicate your intention to withdraw consent, since courts recognise that mutual consent divorce requires the continuation of genuine agreement on all material terms, not merely the divorce itself.

It is important to formally communicate this withdrawal and the specific reasons through your counsel promptly upon discovering the breach, rather than allowing the situation to continue unaddressed, since a clear and timely response strengthens your position and demonstrates that the custody terms were indeed a material and non-negotiable part of your overall consent to the divorce arrangement.

If the second motion has already been passed and the decree finalised, withdrawing consent becomes more legally complex, though you would still retain the right to seek enforcement of the custody terms through separate proceedings, or in cases of fundamental breach, potentially challenge the decree itself. Consulting the team at Aapka Legal Advice can help you assess your options and take appropriate action if your spouse has failed to honour agreed custody terms in your Chennai mutual divorce.

Given the significant implications of withdrawing consent from an otherwise agreed divorce, obtaining a second opinion from a retired judge on the best strategy for your specific situation can provide valuable guidance. Chennai's experienced family law advocates and retired judges, available through Aapka Legal Advice's Chennai divorce lawyer directory, regularly assist clients navigating these mutual consent complications.