How easy to set aside Mutual Divorce?
21-Oct-2024 (In Divorce Law)
How easy is to set aside mutual divorce either by fraud or cohersion by high court?
Can you please point to the case where it has been set aside?
Has the court granted a decree for mutual divorce, and if yes, then the decree cannot be set aside. You yourself must have signed the mutual consent by appearing in the court. You would have appeared before the court and signed your divorce statement in front of the court and if you still feel that something is wrong, you can have a chamber meeting once with me and then we look at your papers.
Yes, a decree of mutual divorce can be set aside by the High Court if it has been obtained through fraud, coercion, or undue influence. In any legal proceeding, consent must be free and voluntary. If one party can prove that the mutual consent for divorce was obtained under fraud or coercion, they can challenge the decree. The aggrieved party can approach the High Court under Article 226 or 227 of the Constitution for relief. The court will examine the facts and circumstances and, if satisfied, may set aside the decree.
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