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Nitin Gupta (NA)     14 February 2012

Can a mutual divorced be appealed?

I am getting conflicting information on this topic. The following link tells me that it can't be appealed:

https://www.lawyersclubindia.com/forum/Re-Marraige-after-Mutual-Divorce-10062.asp

 

However I see cases where appeals have been made. See links below:

https://mynation.net/docs/682-2007/

https://mynation.net/docs/40-2009/

 

So can an expert clarify this?

 

Thanks



Learning

 6 Replies


(Guest)

There is no provision for that but in case where consent is taken by use of fraud,force then it is tenable.But you have to prove this in a court.

read the 12 para .;https://mynation.net/docs/40-2009/

Sanjeev (Lawyer)     14 February 2012

no mutual divorce cannot be appealed agaist

adv. rajeev ( rajoo ) (practicing advocate)     15 February 2012

No appeal cannot be filed because it is mutual divorce.

Arup (UNEMPLOYED)     15 February 2012

mr kushan's answer is correct.

Chaitanya_Lawyer_Mumbai (Lawyer)     15 February 2012

Mutual Divorce Decree can be appealed against if the consent was obtained by force / fraud.

Dr J C Vashista (Advocate)     15 February 2012

I agree with the views expressed by the authors and NO appeal against mutual divorce is maintainable


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