Query in Ongoing Mutual Divorce case

686 votes

Insist on simultaneous exchange of gold jewellery and DD before the judge or mediator. List all items in a joint memo. If they default or refuse, notify the judge immediately to pause the final divorce decree.

Advocate Kaviya LawRato

797 votes

You should not give unconditional consent for the second motion until the return of your gold jewellery and payment of the agreed DD amount are secured. Ideally, insist on simultaneous performance of the settlement terms and the return of the jewellery before or at the time of recording your consent. Have the settlement terms, jewellery particulars, and payment obligations recorded in writing and, if possible, incorporated into the joint divorce petition or a memo filed before the court. If they refuse to return the jewellery, produce different jewellery, or breach the settlement, you may seek appropriate relief before the competent court, including enforcement of the settlement and other remedies available in law. Whether the divorce can proceed despite the breach depends on the settlement terms and the circumstances, since mutual consent divorce ordinarily requires continuing consent at the relevant stage.

Advocate Hemalatha Narayanan LawRato