Praveen Kumar (Not working) 28 May 2011

Can divorce settlement agreement be altered

My wife had filed 125 CrPC. during trial the judge got a settlement done. I will give 7 lacs as FD. 2 lacs on 1st motion and balance on 2nd motion. I have been given visitation rights twice a month- 2nd & 4th sundays of month. This is settlement agreement in 125 CrPC and we have to file the 1st motion.

Is there a possibility that both parties agree on some other terms & conditions of marriage and move 1st motion based on that. the changes could be on the quantum of amount and visitation rights.

Please advise

Reply Follow

3 Replies

Tajobsindia (Senior Partner ) 28 May 2011

@ Author

1. The answer to your brief is NO.

Praveen Kumar (Not working) 28 May 2011

even if its agreeable to both parties

Tajobsindia (Senior Partner ) 28 May 2011

@ Author

1. Yes even if it agreeable as “afterthought” to both parties. Otherwise both parties will take various Courts to different loops and at the end you both will be left with “no mutual agreement" In one Court if you both have voluntarily without fraud, pressure agreed to some terms and conditions and have give respective statements then either cannot backtrack nor can amend, modify, enhance, delete, resend otherwise what is the sanctity left to an "agreement done before a Court"?