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melkoterajgopalSrihari (Executive)     06 May 2011

Re filing case

My Frind who was forcibly made to sign on divorce paper and got divorce by her husband 8 months ago. can she file a case against her husband for cheating and she does not want to leave her husband. Plsase help.

They got divorced in bangalore.



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 3 Replies

Tajobsindia (Senior Partner )     06 May 2011

 @ Author

She can always re-open the case by alleging FRAUD / DURASS / COEIRCION


But the point here is she might have got her alimony dues or was it just a plain vanilla forced signature under chloroform that was alleged to have been done upon her!


Second does she want to go back to court whereas the husband does not want his ex wife again back?  


Third even if the case is re-opened the divorce decree received in alleged format will be cancelled so what will happen now; she will be forced to file for RCR against a unwilling husband and possibly some maint. cases and or husband will file a plain divorce and lead his evidences and suppose in the meantime if he has already got re-married as Appeal period for MCD is (90 days) is already over minus re-opening period which is another 100 years so court will protect the second wife more than the first wife and societal situations will cloud the first wife judgment to accept the fresh divorce un-contested now on payment of some larger sum of money than what was done previously under MCD.


But for a second let us do deep thinking, among all these emerging legal situations what will happen to the moneys already paid by the ex husband to get THAt MCD no one will mention that in brief is it not so !.


However I have given no. of possibilities including that she is eligible to play such grounds before the Court to re-open the case. Choice is all hers. So plead with long term outcome guesswork which this lady friend of your only knows and is the best judge of her destiny.  

Adv B.B.Gambhir #9814820602 (advocate)     06 May 2011

 if divorce is taken by mutual consent then it can not be re open after three months from passing the judgment. evenother wise the decree of divorce can not be changed as it has been taken within the knowledge of wife. any suit or case is barred under the provisions of law because she should have take the action at that time when his signatures were procured by fraud.

shiv shiv shiv (unemployed)     09 May 2011

how can she sign blindly? how come she realised this after 8 months?


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