kulD (xyz) 17 April 2013

Discrepancy in mutual agreement and first motion statement

Hi All,

I had reached a mutual agreement with my wife at woman cell and it was signed by both parties in the presence of IO. But IO didnt sign it. In this agreement, there is one clause related to my child's custody which we agreed to keeep open. That is it can be contested later at any time and both parties bound by the court's order.

But at the time of the first motion of MCD, this clause has been changed in the joint statement and it now reads - child's custody will remain with the mother and the father will never contest it. This was done cunningly by my wife's lawyer. And I think my lawyer also knew about it . I trusted my lawyer and so signed the statement.

Please tell me what is the recourse action for me now. I want the original clause in the joint statement. Also I would like to know isnt this the steno's or clerk's repsonsibility to ditto copy the mutual agreement in the joint statement?

Thanks for the help!

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2 Replies

Never Give Up (Fighter) 17 April 2013

What is your priority ? Divorce or child custody ?

If its child custody then withdraw your consent on next date stating i want child custody and ask for revision in the draft of mutual consent divorce agreement.

At the most petition will be dismissed stating either party backed out from the agreement.

Its better to clarify it with wife first on this issue instead of directly putting in the court. If no satisfactory reply then withdraw your cosent in second motion.

kulD (xyz) 18 April 2013

Hi Never Give Up, I cant decide the priority between the two. And why it isnt possible to achieve the both? I want the divorce and I want my child's custody also. I dont want to withdraw my consent from MCD.

I consulted some lawyer and he said its possible to file an application in the court stating the issue and attaching the copies of MoU and first motion statement. Also it is to be noted that copy of MoU was also attached with the MCD petition. So court should look this issue as error on the part of the official i.e steno who typed the first motion statement.