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arunsrinivaas (pensioner)     15 June 2017

Question in mind

sir

  the case scenario is this

      1. if in mutual consent divorce in india if divorce decree is sanctioned later can anyone of couple change mind and appeal in higher court?

     2. if during second motion of mutual consent divorce if any one withdraws his consent and case is dismissed is dismissal order in mutual consent divorce appealable in higher court?



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 2 Replies

Ms.Usha Kapoor (CEO)     16 June 2017

Both Number 1 and No 2 possibilities are there. But it is very rare.

Sachin (N.A)     16 June 2017

Originally posted by : arunsrinivaas

sir

  the case scenario is this

      1. if in mutual consent divorce in india if divorce decree is sanctioned later can anyone of couple change mind and appeal in higher court?

 

If mutual divorce once granted, No party can appeal in HC because it is the dissolution of marriage based on the consent of both the parties.

     2. if during second motion of mutual consent divorce if any one withdraws his consent and case is dismissed is dismissal order in mutual consent divorce appealable in higher court?

 

No, if one parties withdraw the consent of divorce during or before second motion of divorce, the aggrieved party can file the divorce on the ground of cruelty because unilateral withdrawl of divorce consent is cruelty on other spouse.

 


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