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divorce by mutual consent

Querist : Anonymous (Querist) 03 January 2011 This query is : Resolved 
I got married to NRI doctor 2 years back and within three months of marriage he filed for divorce.I agreed to divorce by mutual consent.However divorce was granted within six months in district court on grounds of desertion.No attempt has been made to call the boy from abroad.Divorce papers were signed by my father in law as attorney.Can i go to high court and make an appeal that boy should be called from abroad.It may be noted that 3 months have passed since judgement.Please advice as i am not at all happy with this judgement.
c n vittal rao (Expert) 03 January 2011
Since you agreed for a divorce by mutual consent ,what is your greivance?You must have a legal basis for your displeasure only then can you appeal a decree of a competent court.The court may grant a divorce on grounds other than the ones on which divorce is sought in some appropriate case.You can approach a lawyer with all facts to see if a case can be made out for you.Best wishes.
Querist : Anonymous (Querist) 03 January 2011
I just want him to come down to India as was mentioned in papers by mutual consent that boy would come at time of second motion and even the judge asked but i have signed papers under influence.
adv. rajeev ( rajoo ) (Expert) 03 January 2011
Now you cannot do anything, it was consent divorce and you had agreed for that, now you cannot say your were under influence.
Guest (Expert) 03 January 2011
that matter is out of your control. the scope of the proceedings completed., There is no fraud took place. Hence no way to get you ex-husband in box
G. ARAVINTHAN (Expert) 03 January 2011
Court only have power to make him appear in person.
SANJAY GUPTA (Expert) 03 January 2011
As the final order passed in your case you can not claim anything new because its mutual divorce and your consent is taken by the court before passing the final order and now you can not claim any new idea by saying you are under influence.
niranjan (Expert) 03 January 2011
Since divorce papers were not signed by the party concerned, I think you can appeal.
M/s. Y-not legal services (Expert) 07 January 2011
whether the district family judge asked you that are you willing to divorce? if yes mean what was your answer..
M/s. Y-not legal services (Expert) 07 January 2011
if you have any objection with your divorce application mean you may be stated that at the time of your trial..


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