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Mutual divorce - Mumbai family court
24-Mar-2025 (In Divorce Law)
I got my mutual divorce on February 24th 2025 from family court. I'm waiting for judgment copy and decree. While we are waiting for these documents, can the other party in this case my spouse can request the court to get the mutual divorce cancelled?
once the court has passed the final divorce decree after the second motion (6-month cooling period), it cannot be revoked.
Only if fraud, coercion, or misrepresentation is proven, the decree can be challenged.
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Adv. Siddhi Sunil Vadake
Mumbai | 25+ Answers
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once a mutual divorce order has been granted by the court and the decree has been issued, it is generally final. However, there could be some situations where the other spouse might request the court to cancel or amend the order, but this would typically require specific legal grounds.
For example, the spouse could try to argue:
1. Fraud or Misrepresentation: If they believe the mutual consent was obtained under false pretenses, such as coercion or misrepresentation.
2. Mistake of Fact or Law: If they claim there was an error or misunderstanding in the proceedings.
3. Non-compliance with the terms of the divorce: If one party fails to meet certain conditions set by the court (e.g., financial arrangements or child custody terms).
It’s important to note that these are exceptional cases and generally, once a mutual divorce is granted, the court order stands unless compelling
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Adv. Shrunali Bhowad
Kalyan | 25+ Answers
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No once there is judgement passed by the courts it can not be cancelled the only remedy your spouse has to file appeal before High Court. U must apply for certified copy and as a precaution u can also file caveat application before High Court
This opinion is based exclusively on your quary
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Adv. Amit Vasantrao Band
Mumbai | 25+ Answers
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Hello
Order copy of divorce gets within 2 months period around. Other party can’t make application again in this court if he/ ahe wants to cancel. For any valid reason party needs to go to high court for the same
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In the waiting period for the judgment copy of mutual divorce either party can withdraw their consent at any time before the decree is passed.
In which family court your divorce was finalised.
Once the decree is passed there is no come back then.
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Adv. Vaibhavi Muthinty
Dombivli | 100+ Answers
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