help_divorce (SC) 20 September 2011

Consent terms - mutual divorce

Can consent terms agreed during mutual divorce be later challenged in any court?

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10 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 September 2011

YES, IT CAN BE

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

help_divorce (SC) 20 September 2011

Can you please let me know the process for the same?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 September 2011

That would depend on the facts of the case.

If fraud and coercion be shown, they are sufficient grounds.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..) 20 September 2011

Had the mutual divorce fine thru till the first and second motion? it really depends on the stage and the terms contained in the mutual petition. I am going thru a similar case where my wife withdrew the mutual petition and filed dv on me. In my case I have the court orders of the mutual petition where she appeared at time of filing and then later did not appear at time of first motion so her claim of coercion does not carry any weight. But still the courts are allowing the dv so I guess it can be challenged anytime.

help_divorce (SC) 20 September 2011

Can it be challenged even after mutual divorce is granted?

Avnish Kaur (Consultant) 20 September 2011

showing fraud and coercion beyond doubt can allow this even after grant of divorce.

fraud nullifies everthing consequent to it . go thru sc judgement by kuldeep singh.

Manav Kalia (Arguing my own cases..) 21 September 2011

That said proving fraud once mutual divorce has been granted is not an easy task at all. So unless you have actually done fraud I don't think you have any thing to worry about at all. same with coercion. Remember the onus is in the wife to prove fraud or coercion beyond doubt. So if you are innocent then you have nothing to worry about..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 21 September 2011

What is your real worry brother.

If its just fear, let go off it. When you are frightened you make too many mistakes and are prone to errors.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

(Guest)

Bro,

Not to worry about anything, Act cautiously upon your decisions & actions.

Best of Luck.

Regards,

Abhinatre Gupt.

Krish Narayan (Advocate) 06 October 2011

Once divorce granted on mutual consent, then it becomes final. The other party may challenge the decree if he/she categorically proves fraud and coercion.

Normally if husband pays permanent alimony to wife and if she receives it before judge as per consent terms, then challenging the decree is not possible. The wife will not succeed. The decree will operate as estoppel.

Hence don't worry. Concentrate in your work and the remaining life.