indu prasad (content) 28 June 2011

Reversal of divorce decree

My case is a little weird. I got married in 2006 and in 2010, I had a nervous breakdown and was under psychiatric medication for a year. During that year, I stayed at my parents house in Bangalore while my husband went back to a small town where we lived together. While was still undergoing treatment for my nervous breakdown I chose to file for divorce and the divorce came through in January 2011 when I was still under medication.

However, now that I am recovering from my breakdown I am realising that divorce was a mistake. Even my husband didn't want the divorce but went with it because I said I wanted it. Is there any clause where the divorce decree can be withdrawn considering my mental state at the time of the divorce? I can have doctors testify that I wasnt in sound mind at the time of divorce. I really want to save my marriage. Please help?

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Adv. Chandrasekhar (Advocate) 28 June 2011

The divorce decree cannot be revoked as such. To solve your problem, there are two methods. The first method is that you both are entitled to marry again. You both marry again with each other. It is the easiest and safest method. The other method is, that as you filed the divorce petition earlier (I think it is not mutual consent divorce petition), he can go to High Court in appeal challenging the divorce and there in appeal, you give the statement that you both want to live together. The High Court dismiss the divorce decree and allow the appeal.

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indu prasad (content) 28 June 2011

Thank you. Can I file the appeal? Or is that not allowed since I am the one who filed the petition as well?

Adv. Chandrasekhar (Advocate) 28 June 2011

If you are the person, who filed the divorce petition in the trial court (which I think not Mutual consent divorce petition), then the decree is granted in your favour and hence, you cannot go for an appeal. He can file an appeal.

Sandeep Aggarwal (Advocate) 11 July 2011

Dear Indu. File a case in the same court where you got divorce and tell the court that the divorce was not in your proper senses and rather you both want to reside together and prove that at that time you were not in senses and court will see this because your divorce is not valid divorce as per LAW. Sandeep 09041688967