Appeal

Knowledge Gainer (Querist) 22 April 2011 This query is : Resolved
In one of the reply on LCI, I have read that in case of mutual consent divorce no appeal can be filed. In case of contested divorce, which afterwards converted into mutual consent divorce, suppose one of the prtitioner withdraw his/her consent, in this case appeal can be filed?

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adv. rajeev ( rajoo ) (Expert) 22 April 2011
Case is converted into mutual consent divorce. It shows that both the parties are agreed for the divorce, so no appeal lies because compromise petition will be filed in the case.

Advocate. Arunagiri (Expert) 22 April 2011
If the mutual consent given and withdrawn even before the final order is passed, that case can be contested.

Guest (Expert) 22 April 2011
Once case is already decided on mutual consent, where remains the room for withdrawal of consent after judgment is made? Post-judgment withdrawal of consent once impemented to apply in any judgment is not possible.

Knowledge Gainer (Querist) 22 April 2011
I am talking about pre-Judgment withdrawal of consent. So other party move to reopening of case or he/she has to file appeal directly in this case?

Arun Kumar Bhagat (Expert) 23 April 2011
If the mutual consent is withdrawn by either of the party then it becomes again the contested case. If no decree is passed, the question of appeal does not arise. Appeal for what ?

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