Pressure to withdraw DVC prior to final orders of mutual devorece

854 votes

before filing mutual divorce petition itself, you hv to settle all your claims/ final settlement, once mutual divorce petition is filed, you can not reopen to your claims or complaints, all doors will be closed to you

Advocate Anil Kumar Gora LawRato

567 votes

You clearly state if I get benefits what u r expecting then only I accept for mutual divorce or else I won’t and also inform without my benefits I won’t withdraw DVC case first u ask for your benefits and any thing more info approach us we will help u

Advocate Rajkiran Govindcar LawRato

612 votes

You should not withdraw the DVC case before the mutual consent divorce is formally recorded and all settlement terms are clearly incorporated before the court. Withdrawing the DVC prematurely may weaken your legal position and leave you without any enforceable protection if the other party fails to honour the settlement. In practice, courts prefer that all settlement terms—including closure of DVC, withdrawal of RCR, and divorce by mutual consent—are recorded together in a written settlement or memorandum of understanding placed before the court. Only after the court records the settlement and both parties act in accordance with it should withdrawal petitions be filed. If the husband is insisting that the DVC be withdrawn first without providing any monetary settlement or legally binding undertaking, it is not advisable to agree to such a condition. The safer legal course is to ensure that all cases are disposed of simultaneously as part of a recorded settlement before the court, so that neither party is placed at a disadvantage. Therefore, you should proceed cautiously and ensure that any withdrawal of cases happens only after the mutual consent divorce terms are properly recorded and secured before the court.

Advocate Pavani Kumari LawRato