Raja (nurse ) 29 March 2015

Canceling a divorce

Hi all,

My husband and I live in Canada . Due to unavoidable circumstances , we both got divorce in India and I didn't know about it and it was granted as exparte. All I knew was the first notice that I received from court and then family sat together and convinced us. As my husband was the one who applied we told him to cancel the case and he said to us that he cancelled the case. Then we both left India and came to Canada . He went back to India for 8 months and got divorce and didn't let anyone of us knew about this. Now we had a small conflict, so he left to India and told everyone that we got divorce . After family involvement he accepted to reunite with me and live. What is the procedure to cancel the divorce which was already been issued? Though he accepts to live with me, I want to make sure that the divorce should be canceled . At present he is in India and I'm in Canada . He will be leaving India shortly . Could anyone help me by guiding me what to do to cancel the divorce?

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4 Replies

(Guest)

it looks like the concept of marriage is just simply a joke for both of you..he never told you about this whole divorce thing.and now,how in the world are you going to trust him even if it is cancelled just in paper.

SAINATH DEVALLA (LEGAL CONSULTANT) 30 March 2015

Divorce granted in India without UR knowledge, is it true? U must be an NRI. Which court in India has granted divorce without the wife's knowledge, that too for a woman staying abroad.Something is missing in UR query. Can still trust a person who obtained divorce without UR knowledge.Marriage is not a child's play.Divorce by mutual consent means dissolution of a hindu marriage by the parties to the marriage on their mutual consent. her must be the presence of mutual consent of BOTH the parties for divorce.

Section 13B sub section (2) of the Hindu Marriage Act states that -- on the motion of BOTH the parties made not earlier than 6 months after the presentation of the petition of divorce by mutual consent and not later than 18 months after the said date if the petition is not withdrawn in the mean time then the magistrate will pass a decree of divorce by mutual consent .
As for ur case the court had provided u and ur husband 6 months time after u have filled for divorce on mutual consent and now its nine month running . ur husband can withdraw the petition of divorce any time within 18 months of ur presentation of the petition of divorce by mutual consent. divorce by mutual consent requires the consent of both the parties .
u can move to the court for divorce as under section 13 of the Hindu Marriage Act 1955 and in this u can also claim for maintenance from ur husband.( even if u move to the court before ur husband withdraws the petition of divorce by mutual consent ur husband on examination by the magistrate can very well stae that he doess not want have divorce from u and the decree of divorce by mutual conent cannot be passed.)

dr.pawan rajyan (member and secretory) 31 March 2015

Remarry with him.but can you trust him again?

T. Kalaiselvan, Advocate (Advocate) 03 April 2015

It is very simple. Just do not worry about it, first of all if he is consenting to live with you as your husband then you either through a lawyer or as a party in person, file a petition to set aside the exparte divorce decree/order along with a petition to condone the delay for filing the said petition, ask your husband to endorse no objection in both the petitions, the court after allowing the petition for setting aside the exparte order/decree, the case will be restored subsequent to which your husband should file a memo or a petition for not pressing the main petition for divorce and seek permission to withdraw the same on the basis of compromise arrived out of court. The case will be dismissed and you both will remain husband and wife. This is the simple and proper procedure to be followed, dont be misguided with any other type of crooked ideas advised by people other than the correct legal procedures.