Abhey (NA) 27 February 2018

Mutual divorce challenged before decree is signed

Hello Forum Members,

I have a peculiar situation w.r.t my mutual divorce which was recently concluded. Details are given below-

Second motion was presided over on 22nd Feb in Family Court, New Delhi. Me and my wife both were present and when the judge reconfirmed if we want to seek mutual divorce, we both agreed. Post this, the final statement was typed in the court room and was subsequently read and signed by us both along with the lawyers. Till this time everything was going smoothly.

When the judge asked us to approach again, my wife said that the petition was changed without her knowledge. When judge probed further, she stated that the mutual divorce happened because I did not join her in Delhi after she got transferred and due to this irrevocable differences arose. She wanted this to be mentioned in the final court order which will put the entire blame on me and signify that she was innocent.

Furthermore, on my wife's insistance this clause was added in the joint petition filed before the first & second motion. Judge pointed out to the same and explained that such details cannot be inducted in the final court order as the divorced is being seeked on mutual consent, what so ever be the reason, and this order is in conjunction with the petition filed. Lasty judged asked again if she wanted to withdraw her consent for mutual divorce on this ground, which she reluctantly refused.

Post this the judge kept file to his side and we were asked to leave. Outside the court room I could see my wife having a heated discussion with her lawyer.

I have inquired from my lawyer, the decree has not been signed yet. Knowing my wife's nature, she might challenge this divorce decree and seek changes in the final court order. Below are my reservations-

Can judge refuse the divorce and not sign the decree on the grounds that he feels my wife has not given whole hearted consent?
Can my wife challenge the order because the decree has not been signed yet which implies we are still not legally divorced?

Please share your expert comments.

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6 Replies

Abhey (NA) 27 February 2018

Requesting members to share thoughts.

Adv Radhika Mehta (Advocate) 27 February 2018

Originally posted by : Abhey
	Hello Forum Members, I have a peculiar situation w.r.t my mutual divorce which was recently concluded. Details are given below- Second motion was presided over on 22nd Feb in Family Court, New Delhi. Me and my wife both were present and when the judge reconfirmed if we want to seek mutual divorce, we both agreed. Post this, the final statement was typed in the court room and was subsequently read and signed by us both along with the lawyers. Till this time everything was going smoothly. When the judge asked us to approach again, my wife said that the petition was changed without her knowledge. When judge probed further, she stated that the mutual divorce happened because I did not join her in Delhi after she got transferred and due to this irrevocable differences arose. She wanted this to be mentioned in the final court order which will put the entire blame on me and signify that she was innocent. Furthermore, on my wife's insistance this clause was added in the joint petition filed before the first & second motion. Judge pointed out to the same and explained that such details cannot be inducted in the final court order as the divorced is being seeked on mutual consent, what so ever be the reason, and this order is in conjunction with the petition filed. Lasty judged asked again if she wanted to withdraw her consent for mutual divorce on this ground, which she reluctantly refused. Post this the judge kept file to his side and we were asked to leave. Outside the court room I could see my wife having a heated discussion with her lawyer. I have inquired from my lawyer, the decree has not been signed yet. Knowing my wife's nature, she might challenge this divorce decree and seek changes in the final court order. Below are my reservations- Can judge refuse the divorce and not sign the decree on the grounds that he feels my wife has not given whole hearted consent? Can my wife challenge the order because the decree has not been signed yet which implies we are still not legally divorced? Please share your expert comments.

Yours indeed is a unique case. The Judge can refuse the Divorce if he feels that any undue force or coercion was excercised on your wife or that she has made to approach the Court without her will.

As far as challenging the Divorce is concerned, that may be difficult for your wife and she will have to provide some grounds which can indicate that some sort of fraud was comitted on her.

Abhey (NA) 27 February 2018

In case the judge had to refuse the divorce, wouldn't he have said the same in court. I do not understand the reason for keeping the file and not signing the decree. Also if he decides to refuse the divorce, how will I be informed?

Abhey (NA) 27 February 2018

Need expert advice.

Abhey (NA) 27 February 2018

Requesting all the experts again to share their wisdom. This is becoming very worrisome for me.

Adv Radhika Mehta (Advocate) 27 February 2018

A MCD divorce Petition can be kept pending for 18 months. He may want to speak to the parties again but in that case a different date would have been assigned. Since he has not outright dismissed your Petition, i think you need to have patience as only time will tell whats on the Judge's mind.