Cancellation of mutual consent divorce decree
vamsi
(Querist) 07 September 2023
This query is : Resolved
parties obtained the decree by mutual consent for divorce. after that wife father died and she has no source to live individual. she get compromised with her husband and now they get cancel the decree of mutual consent divorce. how will i move the petition before the court?
kavksatyanarayana
(Expert) 07 September 2023
There is no provision to cancel the divorce decree already granted, though there is a provision for preferring an appeal against the divorce decree. 2. They can very well register their marriage once again but this shall be deemed as their second marriage for both. There is no provision for cancellation of divorce.
T. Kalaiselvan, Advocate
(Expert) 08 September 2023
The divorce on the grounds of mutual consent once granted by court, cannot be set aside neither any appeal can be preferred against the divorce decree.
The next best option is to remarry and live together once again.
vamsi
(Querist) 09 September 2023
Thank you for your response. thank you
P. Venu
(Expert) 02 October 2023
Yes, the option is in remarrying subject of course to the restrictions, if any, in the personal law.
