Clients are often surprised to learn that yes, a mutual divorce in Delhi can, under certain circumstances, be challenged by the very party who originally filed it, though this is not a simple or automatic process. Once both spouses file the first motion under Section 13B(1) of the Hindu Marriage Act, 1955, either party retains the right to withdraw consent before the second motion is heard, since Delhi courts have consistently held that consent for mutual divorce must remain voluntary right up until the decree is actually passed.

This means that if you filed for mutual divorce in Delhi but have since had a genuine change of heart, or believe your consent was obtained under pressure, fraud, or misrepresentation, you can file an application withdrawing your consent before the six-month cooling-off period concludes and the second motion is taken up. Once withdrawn, the Family Court cannot force the divorce through on the remaining party's insistence alone, since mutual consent, by definition, requires continued agreement from both sides.

However, challenging a mutual divorce becomes considerably harder once the final decree has already been passed. At that stage, you would need to file an appeal or a petition to set aside the decree, and courts require strong grounds such as coercion, fraud, misrepresentation of settlement terms, or a demonstrable lack of free will at the time consent was recorded. Simply regretting the decision afterward, without such grounds, is unlikely to succeed before a Delhi court.

It's also worth understanding that where the divorce settlement involved specific undertakings — regarding alimony, property, or child custody — that were not honoured by the other party, this can independently form a basis to challenge or seek modification of the decree, separate from challenging the divorce itself. Careful review of your original settlement terms is essential before deciding on strategy.

Given how time-sensitive withdrawal of consent is, and how narrow the grounds are for challenging a decree after it's passed, reach out via Aapka Legal Advice as soon as you have doubts, rather than waiting until the second motion hearing or after the decree, since delay can significantly limit your options.

For representation, the Best Divorce Lawyers & Retired Judges in Delhi | Aapka Legal Advice network includes advocates experienced specifically in mutual consent divorce disputes, along with a panel of retired judges who can offer grounded insight into how Delhi courts typically assess withdrawal and challenge applications.

In summary, a mutual divorce in Delhi can be challenged by the filing party, most easily before the decree is passed, and with greater difficulty afterward. Acting quickly and documenting your reasons clearly gives you the strongest chance of a favourable outcome.