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Rahul   08 December 2017

After getting Mutual divorce can wife again challenge it?

After taking permanent alimony through court in 1st and 2nd motion, and given in writing as mutual div petition thst wife is taking all court cases and FiR back, can she again challenge divorce in same or higher court if she agsin wants to live with husband and wants to get this divorce cancelled. If yes, is there any limit of number of days during which she can object in same or higher court ?


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 2 Replies

Sachin (N.A)     08 December 2017

Originally posted by : Rahul
After taking permanent alimony through court in 1st and 2nd motion, and given in writing as mutual div petition thst wife is taking all court cases and FiR back, can she again challenge divorce in same or higher court if she agsin wants to live with husband and wants to get this divorce cancelled.
If yes, is there any limit of number of days during which she can object in same or higher court ?

 

Dissolution of marriage on the basis of mutual consent cannot be challanged. And parties can remarry immediately after getting divorce decree.

Vijay Raj Mahajan (Advocate)     08 December 2017

The time limit to file appeal against the decree or order of divorce is 90 days from the date of its issiung by the district family court both under the Hindu Marriage Act,1955 and the Special Marriage Act,1954. 

However under the Family Court Act, 1984 , no appeal shall lie from a decree or order passed by the Family Court with the consent of the parties, this will include the divorce by mutual consent.

This the legal position in your case too. If your wife want to cancel the decree or order of divorce she cannot do it now, just once again, you both have to get remarried and start living again as husband & wife, which is the last thing now you will do with this woman.


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