revocation of mutual consent divorce

Adv ramesh chheda (Querist) 30 August 2010 This query is : Resolved
if mutual consent decree has been passed under special marriage act, can that be revoked later on finding out that one of the person had taken consent by fraud or by making representation.if so under which provisions of special marriage act. if there is any citation in relation to that than pls give citation for that
thnx

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s.subramanian (Expert) 30 August 2010
Yes. it can be done.

Adv Archana Deshmukh (Expert) 30 August 2010
Any decree obtained by practising fraud on the other party can be declared null and void. Such declaration can be obtained.

adv. rajeev ( rajoo ) (Expert) 30 August 2010
I do agree with Archana

nitish neilesh sanga (Expert) 30 August 2010
file the application to set aside the compromise decree before the same court which passed the earlier compromise decree .....arise the point that the same has been taken by fraud etc....kindly go through the provision of order 23 rule 3 of the civil procedure code

Adv ramesh chheda (Querist) 30 August 2010
thnx all. But if any one of u have any court authority or citation then can u pls quote in reply and if more particularly with same kind of matter.

Chanchal Nag Chowdhury (Expert) 31 August 2010
The law is:-
FRAUD VITIATES EVERYTHING.

Adv ramesh chheda (Querist) 14 September 2010
i m looking fr citation on that if any body is having citation then pls quote the same

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