In a mutual consent Divorce case before the Dwarka Family Court in Delhi, it is important to understand that either spouse has the legal right to withdraw consent at any time before the second motion is completed. Even if the first motion has already been recorded, mutual consent must continue to exist till the final hearing; if your spouse withdraws consent before the second motion, the court will not grant a divorce under Section 13B of the Hindu Marriage Act. In such a situation, the mutual consent divorce petition effectively fails, and the case cannot proceed further on that basis.

However, you are not left without remedies. If your spouse withdraws consent after previously agreeing to terms—especially regarding alimony, settlement, or other conditions—you may explore filing a separate case to enforce any settlement agreement, if it was properly documented and legally binding. Additionally, you have the option to file a contested divorce case on valid legal grounds such as cruelty, desertion, or other applicable reasons under matrimonial law. Courts have also, in certain cases, taken note of situations where consent was withdrawn in bad faith after full settlement. Still, generally, they cannot force a divorce without mutual consent.

Given the complexity of such situations, it is advisable to act quickly and seek proper legal guidance. Consulting an experienced divorce lawyer and taking support from Aapka Legal Advice can help you understand the best course of action, protect your rights, and decide whether to initiate a contested divorce or pursue other legal remedies based on your specific circumstances.