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10-Jan-2026 (In Divorce Law)
Hello sir madam,my self singh from Delhi my divorce case including sections 498A 12a 13a was filed by my wife 4 years back and in between all just happened was mediation in both court and women cell and no other penalties or maintaince decided.. but in aug 2025 in women cell due to some pressure from government lawyer we ended up agreed on 15 lakhs one time settlement in 2 motions So in first motion when I made the DD - there was some documents short from her side - then on 2nd date she missed didn’t came - 3rd date judge was on leave and on 4th date there was lawyers strike Meanwhile MY DD validity got over so the new date which was given is in Feb Now long story short I told my lawyer I don’t want to give her money before first motion but my lawyer said you signed MOU in women cell and filed in court as well now you can’t step back so I agreed to him But till aug 2025 - to next date of first motion in Feb Now my lawyer said we can take advtge of this gap & ask 4 less almny to judge
If there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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Since you already signed the settlement (MOU) in the women cell and the mutual divorce petition is filed, it is difficult to completely back out, but you can ask the court to reduce the amount because of the long delay, her non-appearance, and the expired DD. You are not legally bound to pay before the first motion unless the court orders it. On the next date, your lawyer can request the judge to lower the settlement amount and make payment only at the proper stage (usually at second motion or as directed by court).
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Adv. Aditya Kumar
Adv. Aditya Kumar
Delhi | 25+ Answers
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You are not legally bound yet. The MOU signed at the Women Cell or mediation is not enforceable by itself. Until first motion statements under Section 13B are recorded in court, the settlement is only an intention, not a concluded agreement.
Since the first motion never took place, no money was paid, the DD expired, and there were delays including her non-appearance, your legal position remains intact. No payment should be made before first motion; doing so is voluntary and risky.
Because of the long gap and non-performance, the settlement amount is open to renegotiation. You should not say you are backing out. The correct stand is that you are still willing to settle, but due to delay and changed circumstances, the financial terms require rationalisation.
The court cannot force a specific amount in a mutual consent divorce. Consent must be free and current.
A moderate reduction or revised payment structure is realistic. An aggressive cut may prolong litigation. The decision should balance savings against time and risk.
Bottom line: You are not trapped, you can renegotiate, and payment should be made only at first motion on mutually revised terms
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Adv. Meghaa Wadera
Adv. Meghaa Wadera
Delhi | 25+ Answers
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If u filing divorce mutually u can fix alimony amount before the mediation centre
Thereafter divorce will be fed to order to alimony EMI amount
Or u can EMI the amount before dispossed the pending matters
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Adv. Ishu Sharma
Adv. Ishu Sharma
Delhi | 25+ Answers
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