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After signing mutual consent and the decree was to be passed but it was withdrawn stating that this petition does not come under Mumbai Jurisdiction and the respondent stated that she was unknown about the fact on what she has signed.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.


Asked on 9/27/07, 9:44 am

7 Answers from Attorneys

Amit Shukla AS and Associates Legal Services

Re: divorce

Dear Friend,

First you provide me all the facts then I will tell you to do in the case.

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Answered on 10/04/07, 10:19 am

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is already passed then the same can be challenged in court of law by way of declaratory suit.However, consent can be withdrawn at any stage,so if the wife has withdrawn the consent before signing the her statement in court then court may dismiss the petition on this ground.In case of need you may contact with details.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.

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Answered on 9/27/07, 11:54 am
rajeshwar sharma rajeshwarnathsharma

Re: divorce

details of facts and decree,if any, is required to give answer to your query

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Answered on 9/27/07, 11:55 am
G. M. Gupta gmguptaandassociates

Re: divorce

whatever the reasons she may withdraw in between and if she has done that then you have to start efforts afreash

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Answered on 9/27/07, 2:51 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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If the consent is withdrawn within the period stipulated by law which is six months from the date of filing of the petition, or before such date as may be fixed by the court after the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.

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Answered on 9/27/07, 8:40 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce

I need the facts and decree to be examined to formulate a advice for you.

Thanx

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Answered on 9/28/07, 1:09 am
Nandita Haldipur Haldipur Associates

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consent can be withdrawn as any stage prior to evidence.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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Answered on 10/05/07, 9:38 am


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