| Originally posted by : dr g balakrishnan | ||
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File a case of fraud committed by your husband and he forced you to sign the mutual consent divorce so it s a criminal case more than that of family court, you may file FIR in a police station or a private complaint with your relevant jurisdictional magistrate and the police investigation would be rderef by magistrate and if proved of fraud your husband would land in jail. automatically the family court would declare the mutual consent is null and void ab initio. thanks mdm |  |
Sir and many others who replied. Pardon me for quoting you.
Your view and many others excluding that of NK Assumi and Rohini Bopiah seem to have absolutely no knowledge of proceedings under 13B or equivalent law in India.
First and foremost thing is, parties to marriage must mutually agree and put the same on paper, sign the paper and file it in the District Family Court.
While filing even if POA is accepted by Honorable Court, in case party does not wish to appear or cannot appear due to circumstances.
He or she both need to appear on second motion in Famly Court and sign paper once again.
Even if POA alllowed via exemptoin from Honorable Court, even then signature is obtained by force is questionable. Because that need ot have happened twice which is impossible.
This is case of self-goal and then crying foul.
Mutual consent decrees cannot be questioned in appelate court which nobody seems to have pointed out other than the two Advocates.
If appeal were to be allowed, people will simply agree, and retract, making a joke of judiciary.
Appeal lies with the peitioner/respondent when court has conducted full trial and passed a judgement, not otherwise.
The questoin asker is either husband himself, posing as wife Or the wife herself who realized mistake that she did by agreeing to mutual divorce, now crying foul.
