Very Interesting Case
Querist :
Anonymous
(Querist) 21 January 2011
This query is : Resolved
1. A lady "allegdely" files for divorce under Section 13(1)(ia) on grounds of cruelty.
2. 4 months later , she and her husband submit a memorandum of compromsise under Order23,Rule 3 where she agrees to divorce, no maintainance and also giving up custody of her children aged 3 & 4.
3. The court passes an order the very same day under sec13(1)(ia). Surprisingly the decree is drawn under sec 13(b)!!
4. 3 months after the order is passed the lady one day notices the divorce order in the house which is when she realises that what fraud has been played on her. Till now, three months after divorce order has been passed, she is still living with her "husband".
This seems like a mockery of the laws. Is this a valid order/decree at all?Does the indian judicial system have any provision have any recourse for this lady?Or is the story over? What is the procedure now available to have this divorce decalred null and void?Can some of the sharpest legal minds in the country shed light on this matter.
Thanks.
Devajyoti Barman
(Expert) 22 January 2011
Query is not clear. Are both the divorces orders different or same . If same then where is the frausd committed. Mere waiver of 6 months of time does not make the decree a nullity.
Sushil Kumar Bhatia
(Expert) 22 January 2011
It seems a divorce decree obtained by the couple by entering compromise during pendancy of the case ,and afterward couple is residing together .this fraud order obtained by couple only to avail a *Divorcee women quota in education and in Govt jobs..
Guest
(Expert) 22 January 2011
Fraud , Forgery , misrepresetation, cheating are offences under Indian law.How a court can foresee before hand that which party will play fraud or commit forgery.Remedies against fraud , forgery and other offences are available if complained in proper forum and before proper authority.
Amit Minocha
(Expert) 22 January 2011
AGREE WITH MR BHATIA TO AN GREAT EXTENT
G. ARAVINTHAN
(Expert) 22 January 2011
divorce granted based on compromise or not
Advocate. Arunagiri
(Expert) 22 January 2011
I understand that during the divorce proceedings the couple came to comprise and decided and filed a petition to withdraw the divorce petition.
Yet the court allowed the divorce petition.
Now the couple wants to declare the divorce as null and void.
Solution:-
File an appeal for setting aside the order of the lower court by citing your petition to withdraw the divorce case.
