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How can I claim my jewellery back if mutual consent petition filed
25-Oct-2023 (In Divorce Law)
I am 29 yr old female married in Delhi. My husband didn't want to continue the marriage, so he pressurized, and threatened me and made me sign Mutual consent divorce petition without Alimony. He threatened that he will insult my parents if they come to know about this divorce, and he wanted me to live in his house till the second petition. He didn't even want me to tell about divorce to my in-laws. He thought they would try to patch up things, which he didn't want. So I have not received any jewelry or my money which I had spent on his family for the last one year. Since I have already signed the petition, under pressure which stated I have received the settlement, I am afraid that he will not keep his word, and will not give anything back to me. I have now told everything to my parents, and his in-laws. I also don't want to continue this marriage, I just want the settlement amount and my jewelry. What should be done, in case he does not give the settlement back?
Don't worry. Divorce through mutual consent cannot be passed without consent of both parties. You may withdraw your consent anytime if the decree of divorce has not been granted by the court. Ask him to pay you alimony before second motion filed, else if he doesn't agree you have other remedies. Be strong and get your rights..
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Adv. Vishnu Dutt Sharma
Delhi | 25+ Answers
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Whenever Mutual Divorce Petition is filed it is with mutual consent, w/o any coercion and both the parties agree to the settlement. If decree has been passed then it will be difficult but if not you can tell the Magistrate that the signatures have been obtained on the petition under threat/duress. You should have mentioned about your stri dhan [jewelry] in the divorcee petition along with settlement amount. If your husband fails to give you the settlement amount you can ask the court to get you the same. Facts of your case are not known, therefore this advise in only w.r.t what you have stated.
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Adv. Anand Kumar
Delhi | 100+ Answers
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If the settlement is on record of the Honble Court then it has to be honored by the parties who are submitting themselves to the terms of the agreement. Please rest assured that the amount would be given to you aling with the jewellery.
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Adv. Shobhit Bhatia
Delhi | 100+ Answers
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First motion is over or pending? Have your statement in first motion recorded by court or not? There are many points I need to know in order to guide you properly.you may contact me and discuss. Certainly you can get your alimony and valuables.
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Adv. S P Srivastava
Delhi | 200+ Answers
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You must make a complaint to police about the settlement deed. The complaint will make the mutual consent infrastrutious . Later, you can demand your terms and conditions for settlement and mutual consent. Feel free to contact and consult
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Adv. Ganesh Chandra Pandey
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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