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CAN DIVORCE BY MUTUAL CONSENT BE CANCELLED
05-Apr-2023 (In Divorce Law)
A family gets mutually divorced during 2007 as the husband was alcholic as per Hindu Marriages Act, The husband got married again in 2008 and settled in Kerala. As he was alcholic he was abandoned by someone at Alcholic Anonymous in 2009. The husband got recovered and gave his first wires number and she was called by the hospital and she went to the hospital and got him discharged and admitted him in chennai he died in 2014 after living with his first wife for 5 years again. Is there any provision in family law that cancels the mutually divorced people automatically as they have started to live again and the second wife has deserted the husband
1. The mutual consent decree cannot be seaside at this point of time. 2. At present, the legal heirs to that person are his second wife, 1st wife children and 2nd wife children. Without getting order of divorce to the 2nd marriage you cannot plead as a legally wedded wife to your husband. Because your marriage with him already nullified by the decree.
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Adv. Selvaperumal
Chennai | 100+ Answers
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Your case is complicated. What happened to the 2nd wife? Did the husband leave any property or savings? Why does the 1st wife want to cancel the mutual divorce? Actually the mutual consent divorce cannot be cancelled. Kindly contact me for further detailed discussion so that I can give a complete guidance to you.
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Adv. Suchit Palande
Chennai | 200+ Answers
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Once mutual consent divorce obtained, there is no cancellation of the same, unless obtained by fraudulently or by threat. Again they both can Mary. But in your case, you joined with your husband without remarriage. How ever, you have to prove with strong documents that you only lived with him till his death as believable by court
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Adv. Jayaprakash V
Hosur | 25+ Answers
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No. The first wife could be considered as live in partner and she cannot claim as a legally wedded wife. In case if they have undergone any mode of ceremony at the time of reconciliation it could be considered as remarriage. But in your case the husband was remarried with some other lady so the first wife has no legal status as wife and once the court orders divorce it is final unless and until any higher court set aside the decree. It would not automattically cancelled.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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if they got remarried the relation ship would be husband and wife. then there is no question of talking about cancellation of diverse by mutual concern. the burden of proving the fact that is on the first wife to prove their marital relation ship.
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Adv. Varalakshmi
Chennai | 25+ Answers
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