Procedure to file unilateral withdrawal affidavit in mutual consent divorce

5 years ago

Hello Legal Experts.

My cousin who lived abroad along with her husband was influenced by her husband's family to sign the mutual consent divorce petition and her husband signed it too since he was influenced by his family.
The First motion is done and the 4 more months are left in the cooling-off period.

My cousin wants to save her marriage and would like to withdraw the petition by unilaterally and she has not availed any benefit during first motion . Since, the case is pending before the family court in the boy's native, she fears that the common lawyer appointed by the boy's family will know when she files the withdrawal application.

The boy lives abroad is expected to be here only during the second motion. Can the boy's father influence the family court and get an ex-parte decree divorce even after withdrawal by one party.
The boy may not openly say that he is still interested to pursue the marital obligations since his family has influenced and threatened him to come to this decision.

1. Will the family court dismiss the petition right after unilateral withdrawal application is submitted or will it wait until the second motion to hear both parties to take a decision.

Your opinion will be highly appreciated and all my cousin prays for the dismissal of this petition