Legal Question in Family Law in India
divorce
After signing mutual consent and the decree was to be passed but it was withdrawn stating that this petition does not come under Mumbai Jurisdiction and the respondent stated that she was unknown about the fact on what she has signed. This mutual consent was signed after the legal procedures. but the responsent advocate did not give a reply to our petition. on that basis this consent was passed. I would like to known whether underthis ciscumstances can the case be dismissed or the decree be cancelled.
7 Answers from Attorneys
Re: divorce
Dear Friend,
First you provide me all the facts then I will tell you to do in the case.
Re: divorce
If the decree is already passed then the same can be challenged in court of law by way of declaratory suit.However, consent can be withdrawn at any stage,so if the wife has withdrawn the consent before signing the her statement in court then court may dismiss the petition on this ground.In case of need you may contact with details. Professional charges are applicable.
Re: divorce
details of facts and decree,if any, is required to give answer to your query
Re: divorce
whatever the reasons she may withdraw in between and if she has done that then you have to start efforts afreash
Re: divorce
If the consent is withdrawn within the period stipulated by law which is six months from the date of filing of the petition, or before such date as may be fixed by the court after the petition is filed and statements of parties are recorded initially, no decree can be passed.
Re: divorce
I need the facts and decree to be examined to formulate a advice for you.
Thanx
Re: divorce
consent can be withdrawn as any stage prior to evidence. if decree has been passed by mutual consent then saem cannot be challenged
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