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Rights of son child after mutual divorce


01-Jan-2023 (In Divorce Law)
In settlement deed,it was written that the there would be no maintenance of child and other expenses but while quashing of 498 in high court the order is passed that the child rights remain as it is after mutual consent and the 498 case is quashed.Can I file for overruling of child rights as it is decided in terms of mutual consent of divorce?
Answers (5)


LawRato

Answer #1
737 votes
Hi Yes an amendment or execution can be filed depending on what the judgement was passed. We can assist and go further with legal action once we see the ruling. Also the limitation period to file the same starts from the date of judgement so any action that you want to take has to be done within the stipulated period.
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Advocate Atishaya Kaushal

Adv. Atishaya Kaushal

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Answer #2
879 votes
Rights of the child in the property of his father will always be there according to the rules of succession no matter if things have been quashed or settled ! If your advocate doesn’t know about these things then it’s his lack of knowledge n if he has told u this then it’s your fault
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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Answer #3
966 votes
no, you have to follow the order passed by the honble high court. because no one can alter the rights of a child and no one can file affidavit on behalf of that child even he himself cannot denge. you must have to be prepare for that you have to maintain your child
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Advocate Aditya Bhardwaj

Adv. Aditya Bhardwaj

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Answer #4
613 votes
Hi..!!! No you cannot because a child's right cannot be taken away by any settlement between the father and mother. A child after attaining the majority can claim anything from you. You can not restrict the right of your child.
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Advocate Meenakshi Garg

Adv. Meenakshi Garg

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Answer #5
550 votes
definitely your carry I hope you have proceed for 498 question before the only High Court after getting a degree of mutual divorce the terms and condition which is mention been the in the mutual divorce petition it should be mention it should be mentioned in in 498 question And if the court has dictating some wrong fact file for the revision of the order the order which is passed by the hondivali High Court relief because the condition mentioned in the mutual divorce petition
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Advocate Vinay Singh

Adv. Vinay Singh

LawRatoDelhi | 25+ Answers
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