Yes, and this is a genuinely important protection built into the mutual consent divorce framework — if the other spouse fails to honour agreed custody arrangements that formed part of your settlement, you retain the right to withdraw your consent to the mutual divorce in Delhi, provided the decree has not yet been passed. Since mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 depends on continued, genuine agreement between both parties, a fundamental breach of a core settlement term — such as custody arrangements central to the overall agreement — can legitimately justify reconsidering your consent to proceed.

Before the final decree is granted, if you discover your spouse is not honouring the agreed custody terms — whether through denying agreed visitation, unilaterally changing arrangements, or failing to follow through on commitments that were central to your willingness to consent to mutual divorce, you can file an application before the Family Court withdrawing your consent, explaining clearly how the breach of the custody agreement has undermined the basis of your original agreement to proceed with mutual divorce.

It's important to act promptly once you identify this kind of breach, since courts generally expect withdrawal of consent to be raised at the earliest reasonable opportunity, ideally before the second motion is heard, to maintain the credibility and genuineness of your position. Waiting too long, or continuing to actively pursue the mutual divorce despite the breach, can weaken your ability to later argue that the custody violation genuinely affected your consent.

If the decree has already been passed and custody terms are subsequently violated, your remedy shifts from withdrawing consent to enforcing the custody agreement itself, typically through contempt proceedings or an application to enforce the settlement terms recorded in your decree, rather than unwinding the divorce itself at that stage.

Given how time-sensitive and strategically important this decision is, reach out to our legal experts at Aapka Legal Advice as soon as you notice the custody agreement is not being honoured, so you can properly evaluate whether withdrawal of consent or enforcement is the right path for your situation.

The Best Divorce Lawyers & Retired Judges in Delhi | Aapka Legal Advice network includes divorce lawyers experienced in mutual consent disputes involving custody breaches, along with a panel of retired judges who can offer grounded guidance on how Delhi Family Courts typically handle such situations.

In summary, a spouse can indeed withdraw consent in a mutual divorce in Delhi if agreed custody terms are not honoured, provided this is done before the decree is finalised. Prompt legal action ensures your rights and your child's welfare remain properly protected.