lcm 78 03 January 2023

Challenging the divorce order in high court

Wife had filed WP in high court challenging the divorce order. The main points of the case are ,

1) The husband had filed for divorce in 2011 on the grounds cruelty and insanity(unsound mind), which was withdrawn in the same year by the husband . it was allowed

2) Husband filed for divorce in 2013 again on the same grounds, cruelty and unsound mind( insanity) without any new acts. The case was refiled by the husband on the same contentions of 2011 petition

3) 2015 a mediation was called, both parties were allowed to attend the mediation. now the question is how could the court allow an alleged unsound mind wife without even assessing her competency to enter into mediation ?

Don't you all agree that all family courts should be sensitised not to allow any meditations if petition ground is insanity ?

4) the wife was unduly pressured in the mediation, falsely pursuaded to sign the divorce petition for a certain amount of alimony. Mediation report was drawn on 7th August 2015

5) The husband submitted request to withdraw his allegations of mental ill health against the wife and amend the petition on 11th August 2015

An amendment to the petition was allowed for the husband to withdraw the insanity grounds to smoothly carry out the mediation are settlement without the consent of the wife on 11th August 2015 which is 4 days later of the mediation settlement/agreement report

Do you all this kind of judicial system that is helping parties to use a ground to file the petition, and amend it at the petitioner's convenience to aid the divorce ? is this justifiable ? are our system so desperate to aid the divorce ?

6) The amended petition was allowed in terms of the settlement entered between the parties before mediation centre Bangalore and the wedding was dissolved by granting decree of divorce

7) The wife realised the foul play of the husband after she got to know that he was remarried his colleague with whom he has an affair since 2011. This was mentioned by the wife on her objections filed for 2013 petition.

a) If you all consider the mediation report as an agreement, here the wife shouldn't have been allowed to enter the agreement at all as she did not have competency to enter the agreement. and as per Indian contact act of 1872, capacity to enter the contact/agreement is one of the essentials and the absence of which will make the agreement / contact null and void. My question is how could the judicial system be ignorant to these basics ? How could the Bangalore family court ignore this and helped the husband to amend to his whims and fancies to aid the divorce ? is this justifiable ?

8) There was no fresh agreement drawn after the amendment of withdrawing insanity grounds. the court passed the decree on the agreement done before the amendment.

technically, the Bangalore family court allowed a divorce based on the mediation agreement between an unsound wife and the competent husband.

9) the wife filled MFA in high court challenging the divorce with the above said facts, and she was given the liberty to file a WP.

9) a WP was filed in 2019 and the judge dismissed the case because the wife has given her consent to agree to the terms and condition in the mediation on 2nd Jan 23

Your views and opinions on the case is solicited.

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4 Replies

Dr J C Vashista (Advocate) 03 January 2023

Prima facie you are engaged as counsel for the wife, is it so ?

If so, you should be willing and persuade your client to accept orders passed by High Court where there is no legal, social or financial infirmity.

lcm 78 03 January 2023

So, you are advising the wife to keep quiet despite the judicial system taking her for granted ? and for creating a convenient ground for the husband to play around with the system and benefit out of it ? is this justifiable

and i am not the counsel for any party here

Real Soul.... (LEGAL) 03 January 2023

When the wife has already given consent to divorce and accepted that very much with or without being hearty then why would you dig the old out.

However if you have concrete proof for the bigamy of husband , and you can prove that then you can file police complaint. Since husband has alleged insanity in the beginning but later with drew the statement as amendment duly allowed by court. If you calm wife is insane and by fraud and coercion the mediation was forced on her, then you need to prove that medically; it was during the time of mediation she was supposed to raise objections but she agreed to participate in the process.

However now being emotional or whatever after about seven years you want to put back in process by reversing the clock.

If you still feel aggrieved just consult a good lawyer and file SLP in supreme court, may be you get some reliefe.

lcm 78 03 January 2023

wow, the onus to prove that the wife was sane is on the wife ??? so your justice system allows anyone to allege whatever the parties want and go ahead is it ?

and also, Have you gone through the mediation requirement guidelines which clearly prohibits an unsound person to enter into mediation.. Why didn't the court system have a check on this to do the right thing ??

Why no one is talking about the flaws in the family court system for allowing the mediation with an alleged unsound wife . who decides that the wife was insane, the wife herself ? or the husband whenever he wants her to be sane? or is it the court that needs to verify that the person has the capacity to enter the agreement ??

why harping on the wife ??

MFA was filed immediately, then WP and now it is judged... the wife has not taken 7 years, infact it is the system which has taken 7 years ...