you can amend the petition / consent terms by mutual consent
2) make an application before family court for amendment of petition / consent terms with affidavit in support
3) court would allow the amendments
After signing the petition, can we still change that and ask for certain amount in mutual divorce?
Can i ask for the gift item my family has given to my husband during wedding while going for mutual divorce? Also the amount which i have spent on him and on the wedding from my family Actually i have signed, the petition 2 days back in mutual concern as the advocate said he will dissolve the cooling period of 6 months in to 1-2 months. I said i dont want anything, but my husband's mother is asking for the jewelry, my family is also asking me to at list ask for the things which we have given or we have expended on them my in-laws are from jabalpur and we have mutually file the case from there only. please suggest if i can still do something.
Asked 6 years ago in Family Law
Religion: Hindu
10 Answers
See you can ask your husband to return the stridhan , goods given by your parents and expenses if he fails to return and pay amount before second motion deny for your consent in second motion and you can file for contested divorce and police complaint seeking all things back.
- The only thing that can be done is to plead that you are not happy with the mutual consent terms and to cancel the settlement and seek time to arrive at fresh consent terms with the other party (ie your spouse)
- All this while, your advocate has acted in a very callous manner. I suggest you change your advocate and appoint me as your advocate.
1. The gift made to you from any side at the time of your marriage or thereafter is your stridhan property ad hence you are exclusive owner of the same. So there is no legal impediment to ask for the same in mutual divorce.
2. The petition for MCD can be filed at the place where marriage was performed or where both of you last resided together or where you are presently living.
Yes, you are entitle recover each and every article given in marriage and wedding expanses. Refuse for MCD and ask them for return everything. If not return can file FIR at your place.
Filling of MCD will not effect anything and you can withdraw your consent any time before divorce granted.
You need to amend the consent terms before court and include the new terms in the same
Firstly, ask your advocate immediately not to file the petition.
Secondly discuss these points with your husband and if he agrees get the points included and then ask the advocate to file the petition.
However, in case the petition has already been filled and date of hearing given, your joint statement would be recorded in the family court. On appearance on date fixed before recording the statement, mention the Court that we want to add these points if both agree.
stree dhan is the first right of women. women have full right to demand her streedhan back from in-laws in case of divorce.
You can very well demand your articles lying in yor in laws house including the gifts given by your side to him and the money spent on the wedding towards expenses, let them give a reply, if they deny then you dont return their jewels and can inform them that it is compensated, alternately you can withdraw yor consent for the divorce.
Yes you can ask for amendment of MCD petition or you can ask for the articles at time of second motion the Principal Judge will give time for next hearing if he thinks fit.
And if petition is yet to be filed then you can ask your Advocate for amendment in petition and add clause for return of Gift articles.
