Apeal period in mutual divorce

Ashish, Thanks for reply.But one query. As u said "She is at liberty to remarry after the limitation period of appeal is over." after the limitation period of appeal is over? means? If both husband & wife filed the mutual divorce case, i hope that there is no appeal period.so she can marry, we can say, next day of divorce also.Right?

Mutual consent means just that. Once one agrees to anything, with eyes wide open, there is never any provision for going back. Otherwise there will be no end to litigation.

 

The operative words are consent and eyes and ears wide open. Second thoughts do not matter. As mentioned earlier above, the only way to step back is if fraud, misrepresentation, coersion, misrepresentation can be proved. But that will be well nigh impossible. If on the other hand one tries to escape by feigning incapacity, the incapacity itself may be grounds for the divorce. Morepver, 3 months is not too long in a person's life, especially when one seeks a LIFE partner! 

 

Bapoo M Malcolm

it is better to wait for 90 days after the decree which is the limitation period for appeal. when a provison has been made in an act, it is available for exercise by the complainant whether he/she does it or no is a matter of fact.

Decree of Mutual Consent Divorce can not be appealed against since it has been consented by both the parties. There is a provision to withdraw consent by any one party with in 6 months from the date of filing. So,  she need not wait for any waiting period since there is no such waiting period in case of MCD.