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It is only after this second consent having been given by both the parties after six months of the filing of the petition for mutual consent, that a decree for divorce is passed by the Court.

If during this period of six months after the filing of the petition, any of the parties withdraws the consent, the divorce can not be granted.

The cruelty however should be of such a nature that it causes reasonable apprehension in the mind of the spouse claiming divorce, that it would be harmful and injurious for him /her to live with the other spouse. If one of the spouse is not ready to give divorce at any cost, then the remedy for the other spouse is to file a petition for divorce before the court.

With regard to the re-marriage after divorce, Section 15 of the Hindu Marriage Act 1955, provides that after a decree of divorce has been granted, in case there is no right of appeal against the decree or if there is a right, the time has expired without an appeal having been presented or if the appeal filed has been dismissed, it shall be lawful for either party to marry again. Constantly insulting the other spouse and humiliating him in presence of others does amount to cruelty.Requiring the other spouse to live beyond his means in order to enable the matrimonial life to continue and not desisting from extravagances though requested by other spouse can as well amount to cruelty in certain circumstances.During this period of 6 months when the petition is pending , any of the spouse is fully entitled to withdraw the mutual consent.In such an eventuality no divorce decree can granted by the court.




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