Mutual divorce and new petion for maintaince and streedhan

613 votes

1. Challenging the Mutual Divorce Terms • If you signed the settlement waiving maintenance and stating that streedhan was returned under pressure or coercion, you may challenge the consent terms in court. • You will need to prove that your consent was not free (duress, undue influence, or misrepresentation). Indian courts have held that a divorce by mutual consent can be set aside if the agreement was not voluntary. 2. Claim for Maintenance (Section 125 CrPC / section 144 BNSS now) Domestic Violence Act / Hindu Adoptions & Maintenance Act) • Even after divorce, if you are unable to maintain yourself and your husband is financially capable, you can file for maintenance under Section 125 CrPC / section 14 BNSS or under the Domestic Violence Act (if the abuse continued during marriage). • A waiver of maintenance written in an agreement is not always binding if it is shown to be unfair or obtained under coercion. 3. Recovery of Streedhan • Streedhan is your absolute property. If it has not been returned, you can file a criminal complaint under Section 406 IPC (Now section 316 BNS) (criminal breach of trust) or a civil recovery suit / petition under the Domestic Violence Act. 4. Divorce Recognition Abroad • If the divorce granted in India is not recognised in the foreign country where you reside, you may need to apply for recognition of foreign decree or seek a local divorce there, depending on that country’s rules.

Advocate Parikshit Singh Chauhan LawRato

838 votes

We understand your situation is difficult, but please know that you are not out of options. The mutual divorce agreement you signed under pressure can be challenged. Your rights to maintenance and Stridhan are not lost. There are clear legal steps we can take to fight for what is rightfully yours and to challenge the agreement you were forced to make. This matter is complex and requires immediate legal attention. For a full understanding of your options and to get started on your case, we urge you to contact us. We are confident that we can help you navigate this and get the justice you deserve. For a confidential consultation, please call Advocate Ravi Rai Sharma.

Advocate Ravi Rai Sharma LawRato

798 votes

I understand that the matter concerns a petition for mutual divorce in which the you have consented under pressure, and your true free will has not been exercised. Under Indian law, a mutual divorce under Section 28 of the Hindu Marriage Act or Section 13B of the Hindu Marriage Act requires consent that is voluntary and unequivocal. If consent is obtained through coercion, threat, or undue influence, the validity of such proceedings can be challenged.

LawRato LawRato