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appeal against divorce decree

Querist : Anonymous (Querist) 09 February 2010 This query is : Resolved 
Dear experts,
I am a hindu girl. actually i filed a petittion for divorce u/s 13(1)(ia)&(ib).
The decree of divorce is passed on 05.02.2010. Actually I have filed it under pressure.
The groom side gave me lumpsum alumni against it.Now I want to make appeal and to cancel the decree.
Can I do appeal against it in HC? is this possible to make cancel the decree by HC?
Can i file 498A now?
Raj Kumar Makkad (Expert) 09 February 2010
No. You cannot file any appeal against the impugned decree passed in your favour. What you sought has been granted so no ground left for you to file an appeal and you cannot take this after thought plea that the petition was filed by you under pressure. Under whom pressure and what was it? Have you initiated any legal action against him?

If a compromise has arisen between you and your es husband, you should convince your husband to file an appeal and you should accept it. This is only way to set aside the impugned decree.
Sachin Bhatia (Expert) 09 February 2010
No, You cannot file any appeal against the decree passed in your favour.
RAJENDRAN K.M. 09443050520 (Expert) 09 February 2010
U can't file an appeal and 498A at present stage.
Kiran Kumar (Expert) 09 February 2010
since the matter has been decided on merits in ur favour, so u can not go for cancellation or setting aside of decree by filing appeal....ur husband may approach HC to get the decree set aside, but certainly he will have to argue on merits.

complaint under S.498-A is of no use to u at this stage, if move with such a complaint firstly it will be dismissed and secondly it will simply show ur intentions not to get the marriage restored but to harass ur ex-husband and his family....however, after divorce and settlement of all issues, complaint under S.498-A is not maintainable.

better talk to ur ex-husband and his family members and try to convince them of starting the relationship afresh.
Sukhija (Expert) 10 February 2010
I agree with above views.


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