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Last Updated On 07-Feb-2024
Mutual Consent Divorce

Mutual divorce

Facts a) mutual divorce petition filed on July 28, 2023 b) cooling period over on February 3rd , 2024 i.e 6 months are over C) settlement terms signed infront of counselor and verified by court on Feb 3rd, 2024 d) final hearing date of second motion given by court Feb 12, 2024. Query: I want to modify 2-3 points in signed and court verified settlement terms as i don't find them justified related to my visitation rights for my daughter. 1) can i modify my settlement terms now since is already signed infront of counselor by both parties and also verified by court? 2) I don't want to withdraw from divorce, just need Modification. But my lawyer is saying i cannot modify this now as it is signed infront of counselor and verified by court. It shall be contempt of court against me. What options i have and how can I bring other party on settlement table infront of counselor and propose modification in currently signed and filled settlement terms?

( Mumbai, Maharashtra )

06-Feb-2024

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A.
Dear Client,

Once the terms of a mutual divorce settlement have been accepted by the other party and verified by the court, and the case has been scheduled for the final hearing, parties involved cannot unilaterally modify the settlement. In fact, withdrawing from a mutual divorce petition is only allowed if both parties mutually agree to do so. Any attempt at unilateral withdrawal, especially after one party has fulfilled their obligations as outlined in the memorandum of agreement, is not legally permissible.

In India, the withdrawal of consent for divorce after filing is only feasible when both parties are in agreement. If both parties wish to retract the divorce petition, they must jointly file a mutual consent divorce withdrawal petition in court. This legal process ensures that both parties are actively involved in the decision to withdraw the divorce petition, preserving the principle of mutual consent as required by law.
Posted On 07-Feb-2024
Vidhikarya
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Dear sir/ Madam
You can modify the same before accepted. You may remain absent on the day of acceptance and send your unwilling to agree for the terms of the mutual divorce.
Posted On 07-Feb-2024
Kishan Dutt Kalaskar
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Dear Client,
As regards Query: I, you cannot modify the terms of settlement of mutual divorce once it is accepted by the other party and verified by the Court and fix the case for final hearing, even, parties to a divorce petition are not allowed to withdraw from such divorce petition unless both parties are willing to withdraw their consent. from mutual divorce. Unilateral withdrawal of consent by a party, especially after the other party has performed their part of the terms in the memorandum of agreement is not permitted under the law. In India, withdrawing consent for divorce after filing is possible only if both parties agree to do so. If both parties agree to withdraw the divorce petition, they can file a mutual consent divorce withdrawal petition in Court.
Posted On 06-Feb-2024
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
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