• Mutual divorcee contest

Hi ,
Me and my wife filled mutual divorce on Jan 10 2018 on following terms.
1. She will return my jewellery and I will return her jwellery.
2. I have done registry of a plot on her name .I have to return document.
My questions is . She said buy land from me and give me 8 lakh for the same. She said I was earning and I need that money .so u buy that land give me 8 lakh. When I refused to do so .she threatened I will not give you divorce .
I said you have signed on mutual how can you do that.
Actually now my question is if there is no such condition written on mutual divorce document and she signed and submitted to judge. Still she can ccreate mess around?
2. I need divorcee what would be the best thing I should do ?.
Even after buying land from her if she again will refuse to give divorcee and use that money to put new allegations on me .how can i secure myself?
3. We have a kid who is minor right and mutually agreed will stay with her.So my question is can kid ask for maintenance later on from.
4. Is kid is having right on my property .
In order to control above 3 and 4 the point what should I do.?
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

1. Mere signing of MCD petition does not guarantee divorce at all and even after signing it one of the parties can retract from his commitment at any point of time before the final motion.

2. So in that event you need to withdraw the MCD petition and need to file a contested divorce suit on the ground of mental cruelty and fraud.

3. Yes she can file case for maintenance of child and for herself if she is unemployed.

4. The child have share in ancestral property of father but wife has no share.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The child can not be deprived of his rights in the property of his father even in case of divorce and is the responsibility of father and easily the maintenance for upbringing and education shall be your responsibility.

During the proceeding there is opportunity to both the parties to shift the understanding and make new claims etc.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Yes she can create a mess by withdrawing her consent from mutual divorce the court may not grant you divorce. Then further you need to challenge said order and establish before court that your wife just for sake of enhancing monetary gains has withdrawn the mutual consent which amount to further cruelty. the high court may then grant you divorce a similar case came up before Rajasthan High court where the court gave divorce to husband when wife withdraw consent in mutual divorce.

2. The best thing is agree to her unreasonable demand buy the land and end this episode. you can make a supplementary agreement if further she changes her mind you can file a petition before the high court.

3. yes kid can ask maintenance from you.

4. See if it is self acquired property no one other then you has any right in property you can alienate property on you wish. you can sell gift property on your wish. Further child will have share in the ancestral property.

see if kid in future he files for maintennace you can contest same that wife was given amount for maintenance of kid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Wife can withdraw her consent fir divorce by mutual consent

2) in such case your divorce petition would be dismissed

3) offer to buy land for her only after she appears in court at time of second motion fir divorce

4) son is entitled to maintenance from you

5) son has no share in property during your lifetime

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1) Once Mutual Consent Divorce signed and court accept its and pass order accordingly. She does not have any allegations in your life.

2) No you can buy the land from her as she said, here you will become purchaser and she will seller. So in future she won't has any rights on property and alimony or maintenance.

3) You have to clear in the MCD that we us going to take care and responsibility till he or she became major.

4) Yes, after you kid can claim on property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hi,

Your son can claim his share anytime if the property is ancestrol. But neither he can claim in the property which has been gifted to you by your father nor in the property self-made by you.

A wife can claim whatever she wants until a final decree of divorce Under Section 13B of the Hindu Marriage Act has been passed.

Beside that your wife has signed mutually but she can make a statement before the court that condent has been received by fraud.

Ritu Gaur
Advocate, Delhi
35 Answers

5.0 on 5.0

Firstly, no she can’t put forward anything which was never been the part of the mutual divorce agreement.

Secondly, try to record her threatening messages or calls then that may use for you to put before the judge as to her bad intention to grab money from you.

Thirdly, yes you can only get the bisiting right as first preference is always the mother subject to some conditions, but you can get the visiting right.

Fourthly, yes if you have any anscestral property then your child would automatially have some right over it otherwise not if the property is not the anscestral one.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. She can withdraw her consent any moment, it is well within her rights.

2. If she is not agreeing for mutual consent divorce, you may file a contested divorce on the grounds of mental cruelty citing this failure also one among the reasons for mental cruelty.

3. Yes, the maintenance for the child can be sought

4. No, not during your lifetime.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

She can withdraw consent anytime before decree passed.

Pursue mutual consent. Best option to get divorce.

Include this also in mutual agreement, that you will buy property after diovrce will grant, give post dated cheque to show your bonafied.

Child can claim maintenance and even wife too,

Till your are alive,no right of kid,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear,

According to the high court one party can withdraw their consent at any time before passing

any decree.

She can create mess around and she knows this thing and that's why she suggest you to do so.

Best thing is in this scenario is that add one line in petition that after successful divorce, you give

money to her.

Your son has no right in your self acquired property.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hello sir, a MOU is created between husband and wife and is filed alongwith MCD petition...The MOU has to be drafted in a perticular way that can save you from future claims and litigations ..The son will have a legal right only on the ancestrol property and not on the self earned property of yours

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

People blackout even after mutual consent then the case will be decided after contesting the same. If she is not agreeing contest it. You can decide a maintenance amount for kid. Kids right in your property will be there but if it's your self acquired Property then you can refuse to give him a Share.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

1. Any of the spouse can withdraw consent and in that case, the court doesnt grant divorce.

2. You'll have to file for contested divorce on grounds of cruelty against husband. Do not pay her the amount until the second motion, if you are apprehensive that she'll withdraw consent again.

3. Yes. Your wife and son can claim maintenance from you.

4. Yes. Your child has claim in your ancestral property, but not in your owned property.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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