posting 1 (others) 17 September 2023

Forced mutual consent

Hi,

My wife is forcing me for mutual consent threatening to file for domestic violence. She also needs to 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? Consider there is no option other than filing the petition now.

Reply Follow

5 Replies

Laxmi Kant Joshi (Advocate ) 17 September 2023

In mutual consent divorce the conditions should be like this that both the parties agreed on it , if anyone party forcibly tries to other party to accept or agreed on a certain condition then the second party can refuse such conditions and go back and withdraw the consent for mcd , if your wife threatens to drag you on false cases and you have the proof of her threatening then on this ground you can go for contested divorce , you can also complaint of such threatening in the police station such complaint will helps you in your contested divorce and it is also a criminal offence punishable under IPC .

T. Kalaiselvan, Advocate (Advocate) 17 September 2023

You can withdraw the consent during the second motion too.

If you feel that they are pressurising you, then you can accept the terms now but can withdraw your consent at a later date before the case is posted for final hearing

P. Venu (Advocate) 17 September 2023

"She also needs to sign to release all her rights from my business"!

Facts posted suggest that you are also less than reasonable. Any how, as already suggested, you have the option to withdraw the consent during second motion, if circumstances so warrant.

Dr. J C Vashista (Advocate ) 18 September 2023

In a mutual consent divorce both parties have to agree on the issues, which cannot be compelled by either party, you may or may not agree.

It is your personal decision but certainly not a legal issue.

Adv. Mohit Chahal (Advocate) 20 September 2023

Dear Querist

When a divorce is sought on the ground of mutual consent, such consent must not be obtained by force, fraud or undue influence from either party to the petition

Feel free to contact for further clarifications.

Regards
Mohit Chahal
Advocate
WhatsApp No. 9968911099

https://mohitchahaladvocate.business.site

....