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Contest divorce by mutual consent


01-Feb-2024 (In Divorce Law)
Is it possible to contest the divorce by mutual consent petition before the 2nd motion citing unfair distribution of wealth and assets. We have already complied with the agreed terms but now I feel I got a raw deal. I was expecting Atleast 50% of the proceeds considering I have earned 100% of it.
Answers (4)

Answer #1
892 votes
You can not contest a mutual consent divorce petition because it is a consent Petition filed by both of you. If you feel that there is unfair distribution of wealth then you may deny your consent for divorce and the court will dismiss the petition. There after, you can file fresh contested divorce petition by giving reason for divorce. And in that petition you can demand fair distribution of wealth and assets.
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Advocate Mukesh Vasant Shinde

Adv. Mukesh Vasant Shinde

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Answer #2
987 votes
It is still possible to withdraw the consent given to mutual consent divorce petition before the 2nd motion but the same varies in each case depending upon the complaince of the conditions or if the terms and conditions needs to be changed both of you can also approach to the mediator appointed by the hon'ble court and have discussion regarding it
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Advocate Dhanashree Dhole

Adv. Dhanashree Dhole

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Answer #3
590 votes
Well, you can change your mind to not give Divorce to your Spouse, if he broke on his promise to fairly distribute wealth and assets as alimony to you, before parting his way with you. You can demand 50 % of the proceeds, as you have earned 100 % of it, while you were together.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #4
881 votes
Hi Good Afternoon, In your case it seems that your first motion is completed. and if your Consent Terms is submitted to the court then you have to mention your concern to the honourable court. it's depend on the court that weather they accept your request or not. but if you have the issue with the Consent Terms then you have the another and different legal remedies. which will help you. for more details and querry regarding your Consent Terms then contact us and visit our website.
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Advocate A P Khobragade

Adv. A P Khobragade

LawRatoPune | 50+ Answers
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