Legal Question in Family Law in India
Divorce by mutual consent
After contesting for more than a year my husband finally agreed to divorce by mutual consent. The divorce petition was filed by me in the first place.We submitted the draft for mutual consent divorce in front of the court counselor in the month of March in which my husband agreed to give me and my child lumpsum alimony. I will be getting the decree in the month of July. At the time of signing the mutual consent draft i was not working. However later on i got a job. Now my husband has found out about it and i fear that he may create problems by not agreeing to the terms of the draft and might insist on paying less alimony. I wanted to know can he withdraw the petition in july and contest further? or is it binding on him as he had already signed it in the month of March?
4 Answers from Attorneys
Re: Divorce by mutual consent
It depends upon the language of the mutual consent agreement. If the lumpsum payment clause says that so and so payment was being made to you because you are not working, then he may challenge the same. It also becomes your duty to inform court about your job if the clause (as mentioned above) is there. Not telling the court may land you in trouble for concealing information. Plus the decree has not been finalized by the court.
So, he can very well bring it to the attention of the court and the court may modify the alimony.
Re: Divorce by mutual consent
He has to pay the child's alimony anyways and technically he can withdraw the consent as well.
Re: Divorce by mutual consent
It depends but one thing is clear he will have to pay alimony to your child.
Re: Divorce by mutual consent
Theoractically speaking, yes, he can withdraw the consent recorded in March. However, in that case he is likely to loose sympathy of the court.
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