• Forced mutual consent - options to modify the settlement

Hi,

My wife is forcing me for mutual consent threatening she will not sign to release all her rights from my business. I cannot risk that as her family has the political background to spoil my business. If I sign a mutual petition with an unfair share of the property, will I get a chance to let the court know I was forced to sign but I am not satisfied with the settlement demand in the next steps after filing the petition? So that I will be given a chance to negotiate which I have not given now? It is like almost having a knife in the neck until I file. 

Can I back off to go for the next steps in mutual divorce after filing? Please consider there is no option other than filing the petition now. Give me options after filing a mutual divorce petition alone. Thanks
Asked 2 years ago in Family Law
Religion: Hindu

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10 Answers

File petition for divorce by mutual consent 

 

during mediation raje the plea that you want reconciliation and do not want divorce 

 

you can withdraw your consent for divorce 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes. If you go strategically then you will be able to re-negotiate the settlemrnt terms and may change the wind also. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Family court is reluctant to waive the cooling period 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You cannot be forced to stay with your wife 

 

you should negotiate before filing consent terms in petition for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The mutual consent divorce as the name suggests, it cannot be forced on you.

You can deny to sign the petition or you can withdraw yor consent at the later part of the case, i.e.,  during the second motion too.

However you have all the rights to revolt against them, even if they are politically influenced people.

Before that you can act cunningly for now and sign the papers as if you agreed for all the conditions, but at a later stage you can withdraw the consent either by filing a memo or informing your unwillingness before the court during the second motion.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have to give no objection for filing a petition to advance the hearing and also for waiving the cooling period, which you always can refuse. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

There may be a mediation session or not, but you can always express your objection to the conditions and the situations to which you were forced to sign this mutual consent divorce papers. 

The court will certainly accept your version and may dismiss the  divorce petition.

If you are scared or not knowing the further proceedings properly, you can engage the services of an advocate to speak on your behalf. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- Yes, you can back off to go for the next steps in mutual divorce after filing the petition and even after passing the order on First motion. 

- Further, on your refusal for mutual consent , she cannot take any legal action against you , however she may file a contested divorce petition

- Further, as per law, the maximum period to file for a Second motion is 18 months from the date of presentation of the First Motion/divorce petition in the family court.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It will only work if you consent to the same otherwise mutual consent will not work 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

A mutual divorce petition is a legal document that expresses the consent of both the spouses to end their marriage and settle all the issues related to alimony, child custody, property division, etc. Once the petition is filed, the court will give a six-month cooling-off period for the parties to reconsider their decision and try to reconcile. After six months, the parties have to appear before the court again and confirm their consent for the second motion. If both the parties are still willing to divorce, the court will grant a decree of divorce by mutual consent.

However, if one of the parties changes their mind or is not satisfied with the settlement terms, they can withdraw their consent at any stage before the decree is passed. The consent given by the parties must be free and voluntary, and not obtained by force, fraud, or undue influence. If one of the parties proves that they were coerced or deceived into signing the petition, the court will not grant a divorce by mutual consent.

Therefore, you have some options after filing a mutual divorce petition:

  • You can try to negotiate with your wife and her family and reach a fair and reasonable settlement that protects your business interests. You can also seek the help of a mediator or a lawyer to facilitate the discussion and draft a new agreement.
  • You can withdraw your consent for the second motion and contest the divorce on other grounds such as cruelty, desertion, adultery, etc. You can also challenge the validity of the petition and prove that you were forced to sign it. However, this may lead to a long and bitter legal battle that may affect your personal and professional life.
  • You can abide by the terms of the settlement and get a divorce by mutual consent. However, this may result in a loss of your property rights and business assets.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

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