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does court need to agree to mutual consent divorce terms
22-Aug-2023 (In Divorce Law)
My wife and i want to go for divorve by mutual consent. We both are hindus and had a court marriage 8 yrs back. We have been living separately for 1 and 1/2 years.There are certain terms that we have agreed on regarding the payment of education expenses of our only son who is 4 years old and regarding the payment of emi and loan payment of our house of which we are co owners.I just want to ask does it matter what the terms of a mutual consent divorce are?As long as both my wife and i have agreed to the terms, can d court still not give divorce?Can the court not agree to a mutual divorce terms?
If you and your spouse are ready with an agreement and mutually consent to that then the court should have no problems. If in any case a dispute arises then the court may intervene and ask you the reason. If you and your spouse are ready and the agreement is mutually agreed upon the court would have no problem
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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While the Court can object to terms of settlement in a mutual consent divorce, there must be cogent grounds for the same, and the decision of the Court can always be challenged in the higher forum. Generally though, Court does not interfere.
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Adv. Shayak Chakraborty
Kolkata | 100+ Answers
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