Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mario   28 February 2017

Reunion of parties after getting an ex-parte decree

Respected memebers of the forum,

A party has come to me seeking to set aside the divorce decree given by the family court. He and his wife have reconciled and would like to live as husband and wife but dont want to marry again. 

What is the remedy available to me in court? Can i file a pettion to set aside the divorce decree?



Learning

 6 Replies

stanley (Freedom)     28 February 2017

@ Author 

Nope .They would have to re- Marry. Else tomorrow small fight ignites  than wife will file IPC 376 on her ex huband  . wife will tear her clothes and chaddi and say he raped and molested me in front of police station .

Than husband also becomes a chakka or eunich if he starts living with wife without registering the Marriage . Looks like husband and wife did not find any suitable match for themselves and have no other option but to live togather .devilcheeky

By any chance are you councellor of the seperated couple .cool

Anyway hatsup to the reunion and may God bless the couple which reunites and may the Marriage last for better or for worse till god does them apart .wink

rajeev sharma (Advocate Ex senior manager law )     28 February 2017

Since a decree of divorce has been passed their marriage stand dissolved and they are no longer husband and wife. No reconciliation  may put their maretal status back. They will have to marry again . To alliviate any future complication advise them to marry again and get their marriage registered.


(Guest)

Provided that they dont file cases against each other, everything will be fine till such time.  Once both are in fighting mood and approach police court, sufferer will be male, not female.  Till then bang bang zamana dekehe boom boom. laugh

A walk alone (-)     28 February 2017

If you are their lawyer then you can appeal to HC against the order passed by FC. Since both have not done second marriage, HC may accept the appeal and during hearing it may be possible HC reverse the order of FC.

Mario   01 March 2017

Thank You everyone for your inputs and advice especially Mr.Ramesh Singh.

I have also found a newspaper article where such a thing has happed and the court has given a favourable order.

https://timesofindia.indiatimes.com/city/nagpur/Months-after-divorce-couple-reunite-for-daughters-sake/articleshow/48992384.cms

Mario   01 March 2017

I will search for any judgments if you'll have such judgments where court has allowed such a reunon kindly help me with the citation. Thank You


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