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Seeking Divorce (IT)     06 September 2013

Mutual consent

My wife and their family eyeing on to get my hard earned money. they filed maintenance case on me and later she accepted to file mutual divorce for huge amount.I am going to pay huge amount for the wife and for my child.

we have filed mutual consent.  I will provide amount in the motion allotted after 6 months from now.

Is there any possibility that she could refuse to give mutual consent after getting money  (or) does she has any rights to cancel the divorce decree after getting money since they are eyeing only on money not on divorce. 

What are the precautions I have to take. Please advise. 


 5 Replies


Precautions are taken prior to first motion as MOU has to be written with all the doubts which either of the couple have in thier mind.

Example:- if you have mentioned in Mou that no mainetanace or no alimony will be asked by my ex wife after divroce decree, Wife will not trun back after first motion etc. etc.

Then stay cool and no need to worry.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     06 September 2013

first file consent divorce petition and refer it to mediation  centre there you both can file a compromise petition.  Once it is compromised in the mediation she cannot  take any further steps

1 Like

Adv k . mahesh (advocate)     06 September 2013

in the second motion you say that you will the agreed alimony amount and if you want also take another step forward and say that you will deposit the same alimony amount in the savings deposit on you kid name and that deposit cannot be taken out till your kid attains major and see if the court accepts then no problem for the same but do not handover the amount before second motion 

in the second motion only talk about clear terms of paying money and then get decree what ever it be hand the cheque before the judge and take signature on that xerox copy 

1 Like

Kristen (HR)     06 September 2013

As you said she might ask more money or even cancel the divorce after getting money from you... Because she is going to have the child and she may ask for the child concern and it's your duty to give to your child's welfare.. My advice is after getting divorce form her then you can hand over the money or transfer the money into her account... even try to consult your lawyer about this..

1 Like

Advocate Bhartesh goyal (advocate)     06 September 2013

Pay the amount  by demand draft/bankers cheque on the day of second motion before  judge  then she has no excuse accept to give her consent.

2 Like

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