Yes, unfortunately, a spouse can withdraw consent after the first motion in Pune Family Court, and this is one of the most emotionally difficult situations couples face during what they believed was an amicable separation. Under Section 13B of the Hindu Marriage Act, 1955, consent must remain mutual right up until the decree of divorce is granted, meaning either party retains the legal right to withdraw their consent at any point before the second motion is finalized, even after the first motion has already been recorded.

This provision exists because the law places significant importance on ensuring that divorce by mutual consent is genuinely voluntary throughout the process, not just at the initial filing stage. Courts have consistently upheld this position, recognizing that circumstances, feelings, or external pressures can change during the mandatory six-month cooling-off period between the first and second motions. If your spouse withdraws consent, the mutual consent petition cannot proceed to the second motion, and the case effectively comes to a halt on that particular ground.

If you find yourself in this situation and still wish to pursue divorce, you're not without options. You may need to convert your approach to a contested divorce petition, filed under specific fault-based grounds available under the Hindu Marriage Act, such as cruelty, desertation, or irretrievable breakdown of marriage, depending on your circumstances. This shifts the case from a cooperative process to an adversarial one, which naturally takes longer and requires presenting evidence to support the grounds cited.

Before your spouse formally withdraws consent, it's worth understanding whether their concerns relate to the settlement terms themselves — sometimes renegotiating maintenance, custody arrangements, or asset division can address the underlying issue and bring both parties back to agreement. Mediation or a fresh round of settlement discussions, ideally with legal guidance on both sides, can sometimes salvage the mutual consent route rather than escalating to contested litigation.

If withdrawal has already happened and reconciliation on settlement terms isn't possible, your advocate will need to assess the strongest available grounds for a contested divorce petition based on the specific facts of your marriage. This is also the stage where protecting your interests regarding child custody, interim maintenance, and asset preservation becomes especially important, since contested proceedings often involve interim applications on these fronts.

Given how significantly a withdrawn consent changes your legal strategy, consulting experienced family law professionals promptly is critical — the team at Aapka Legal Advice can help you evaluate your options, whether that means renewed settlement talks or transitioning to a contested case.

For representation specifically suited to Pune's family court procedures and local judicial tendencies, working with established Divorce lawyers in Pune ensures your case strategy accounts for how these situations are typically handled by the local bench.

While a spouse withdrawing consent after the first motion in Pune Family Court can feel like a serious setback, it doesn't mean the end of your path toward resolution — it simply means recalibrating your legal strategy with the right professional support behind you.