Yes, either spouse can legally refuse or withdraw consent for mutual divorce at any time before the final decree is passed, even after filing the joint petition. Mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, or under Section 28 of the Special Marriage Act, 1954, is based entirely on the voluntary and continuing consent of both parties throughout the process.

The legal framework involves two motions. The first motion is filed jointly by the husband and wife, asserting that they have been living separately for at least one year and have mutually agreed to dissolve the marriage. After this motion is recorded, the law mandates a six-month cooling-off period, during which the parties are expected to reconsider the divorce and explore the possibility of reconciliation.

The second motion must be filed after six months (and within 18 months of the first motion). During this time, either spouse has the right to withdraw their consent for any reason—personal, emotional, or legal. The court cannot compel or coerce a party to proceed with the divorce if they no longer wish to continue.

This principle was reaffirmed by the Supreme Court in Sureshta Devi v. Om Prakash (1991), where the court held that either party can unilaterally withdraw consent before the second motion, and without such continued mutual consent, the court has no jurisdiction to grant a divorce. In practical terms, withdrawal of consent often results in the failure of the mutual divorce petition. The spouse who still wants a divorce must then consider filing a contested divorce petition under appropriate legal grounds such as cruelty, desertion, or adultery. However, this route is often more time-consuming and contentious.

Additionally, if one party alleges that the other had agreed under coercion, fraud, or undue influence, the mutual consent divorce can also be challenged. The court may investigate the circumstances and reject the petition if consent was not free and informed.It’s also important to note that even if issues like alimony, child custody, and property division have been resolved, the lack of continued mutual consent invalidates the joint petition.

Thus, while mutual consent divorce is typically faster and more amicable, it requires uninterrupted cooperation until the final decree. Legal advice is strongly recommended in such situations to explore further remedies.