Can mutual divorce nulify as it was illgal. conducted before 1 yr of seperation
Querist :
Anonymous
(Querist) 23 January 2012
This query is : Resolved
My daughter was married on March 2010. After lots of quarrels happened after that . In between Husband has registered their marriage on start of Sept 2010. But situation not came on track….. quarrels was still continued.
On end of sept 2011… My daughter called me after quarrel and she left her husband’s home with me… with all gold and things.
Six months passed. During 6 month I tried for amicable settlement. I tried on my best with relatives to settle matter. My daughter was also agreed to go at martial home. But they not agreed.
So finally we both parties agreed for Mutual Divorce before complete to 1 year of actual separation date . I got 3 lakh from Husband family as compensation. As per Husband’s suggestion we hide actual separation date & marriage registration date (Sept 2011) from court. This was to save our 6 months. I firsly denied for this but Husband was not agreed to wait for another 6 months. Finally … We had filed divorce case on 16 April 2011 at court.
On 14 Oct 2011 Court agreed after 1-2 consoling meetings.
Now after 3 months we realized our mistakes of taking divorce. As now all of our family relatives don’t wish to involve in my daughter marriage. And nobody wish to marry my daughter too. Her Ex- Husband is also not married yet. So I tried to resolve earlier matters and contacted with Husband’s family to forget all and try to settle matter again. But they said divorce has been done. No worry what will happened to our son’s marriage. But we don’t want your daughter again. We are badly under presume these days
Then I was suggest by one of my relatives that re-settle earlier marriage as it was illegal divorce. As you have taken divorce before completion of 1 year to seperation
Then I told them we have not taken legal divorce as we hide actual separation date from court. Now I’m ready to pay your 3 lakh & even give you extra 2 lakh money too.
I can file petition in Court that, this Divorce is illegal. I did all under pressure by Husband.
No doubts it will affect me as my daughter was the co-applicant for Mutual Divorce. I can be punish for forgery with court.
But at least court will cancel illegal divorce. And my daughter will possibly get her home again.
My daughter is also agrees for this …
How will this do ?
Deepak Nair
(Expert) 23 January 2012
You are well advised by your friend regarding the legal aspects regarding the illegal divorce and its consequences on you too.
But, instead of you, your daughter will be booked for perjury as she has given her statement on oath. Don't forget that there were 2 counsellings too and the report of those two counsellilngs are available with the court.
I don't want to go to the personal aspect of this issue.
Even then, i would like to warn you against your intention to send your daughter back to that house, that too against the wishes of the husband and inlaws, through court proceedings.
That will back fire and neither you nor your daughter will be able to tolerate the aftermath.
If it is settled amicably, then it is better than anything else.
Querist :
Anonymous
(Querist) 23 January 2012
Thanks Deepak ji.
Let me know ...Will Court cancel this divorce? if we file petition for this in court ?
What will be punishment to my daughter or Ex-Husband ?
If the punishment is not more harmful, my daughter is ready to face that.
Guest
(Expert) 23 January 2012
Dear Client,
prima facie, it is not possible for court to cancel the said divorce, as it already passed.
further, ur problem can b short out with some another way, so it is suggested to call me/ meet me asap to proceed further.
Manoj kumar,
Advocate,
Delhi.
Ph: 09310443650 / 09319220768
Email: advocates.agra@gmail.com
Raj Kumar Makkad
(Expert) 23 January 2012
Court shall not re-open the closed chapter and family court is not going to punish either of the parties accordingly.
Querist :
Anonymous
(Querist) 23 January 2012
Mr makkad sir,
I'm bit confused as Manojkumar said me on phone that I can re-open the case as I have actual sepearation date with marriage registration certificate. My daughter will be punished for month... for false affidevit presented to the court. But she will get bail as well
and divorce will be canceled automatically. for what I'm looking for...
Querist :
Anonymous
(Querist) 24 January 2012
Law Experts I need your suggestions ?
Can I proceed to re-open the case ?
My daughter is ready to face possible action by court for perjury?
I have marriage registration certificate. Which is valid proof for the same.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 January 2012
I have seen such cases in many courts. Father first destroy the whole thing in ego and than try to roll back the clock.
Querist :
Anonymous
(Querist) 24 January 2012
Mr. JSDN Sir,
I'm religiously expecting legal advice only.
Can I cancel Divorce? My daughter suggested me to check whether we can cancel this divorce ?
Querist :
Anonymous
(Querist) 24 January 2012
Well..... I'm not even Happy right now.
Will be become more miserable aimlessly if didn't get any (hopefully good/ bad) advice.
Querist :
Anonymous
(Querist) 24 January 2012
Is anybody else hear my voice? I have been seen lots post with lots of replies.
It seems.. for my case nobody is interested to respond atleast
ajay sethi
(Expert) 24 January 2012
well anonymous the reason why i didnt reply was you have already been well advised by our experts .
it makes no sense in reopening divorce obtained by mutual cosent . court wont set aside order . you have already pocketed rs 3 lakhs .
it is more of an afterthought . in addition she may go to jail for perjury .
Shonee Kapoor
(Expert) 31 January 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
