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Raj (IT)     24 June 2021

Time to contest mutual divorce settlement

Esteem lawyers, I and my wife entered into mutual agreement for divorce. The agreement had conditions A, B, C, D. Now I don't want to agree to condition C. Can I reopen the mutual divorce case and say I don't agree to Condition C? Is there any time limit to do this? Please advise


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 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     24 June 2021

Hello,

For divorce, you have to apply to court. Divorce by agreement is illegal. You may put hundreds of terms and conditions but it has no use. Since the agreement is void, the terms and conditions mentioned therein are not binding on any of the parties. 

Raj (IT)     25 June 2021

Sorry my question was not clear earlier. 

Both husband and wife got mutual divorce from court by filing compromise petition . The petition listed all the general terms and conditions of divorce. The petition listed terms A, B, C and D.

Now somehow I feel I should not have signed the compromise petition for one of the section. I want to re open this one . Can I do so? I thought we had 90 days after the case has been closed which we can appeal . Is this same for mutual divorce from the court?

 

 

 

SHIRISH PAWAR, 7738990900 (Advocate)     25 June 2021

Without knowing about documents, petition and judgement it is difficult to advise you. Visit a local advocate and consult with him. 


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