Balaji (Self) 24 September 2014

Divorce orders-is it possible to reopen case

Hi All, Wife filed divorce under sec 13 1ia & ib. later husband filed counter saying allow divorce to wife and paying ‘X’ amount by husband to wife. Judge given orders .

1)Is it possible to husband open divorce case again? Once divorce granted to wife? Please advice. Thanks to all.

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2 Replies

Tajobsindia (Senior Partner ) 25 September 2014

@ Author,

1. It means husband is conceding to allegations of mental cruelty and desertion.

2. However, if husband’s 'consent' is free of coercion, undue influence, fraud, misrepresentation, mistake then he cannot re-open the decided case.

PS:

A. It would be interesting to note ‘what Order ld. Judge passed’.

B I would suggest you to consult with a seasoned advocate locally with case papers and proceed as per his advise as such concede to allegations of cruelty and desertion are actually not done thing in Court which is my view. Reasoning: Either you are too desperate for divorce or you are not properly guided locally.

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