Mutual divorce obtain through fraud

640 votes

As you told that your divorce case between your husband was in the court, but your advocate was actually in touch with your husband and he misguided youNow you want to find a better option for a compromise with your husband so that you can be profitable, then for this you first tell me in detail about the evidence whether you have any witnesses against him and then I will be able to give you some legal opinion

Advocate Rajeev Kumar LawRato

901 votes

Ma'am, I understand your situation is extremely distressing. What you have described raises several serious legal issues: 1. Conflict of Interest: If the lawyer was secretly working for your husband, any compromise/consent given by you may be vitiated due to fraud and lack of independent legal advice. You can move an application to set aside the compromise decree if it was obtained by misrepresentation. 2. Domestic Violence: Throwing you out of the house, especially with an 8-year-old autistic child, amounts to domestic violence under the DV Act, 2005. You have a right to residence, protection order, and maintenance. 3. Adultery & Cruelty: Your husband living with another woman who is pregnant is a valid ground for divorce under Section 13(1)(i) & (ia) of Hindu Marriage Act. This is both adultery and mental cruelty. 4. Child Custody: For your autistic son, the court considers welfare of the child as paramount. You can claim custody and maintenance for him under Section 26 HMA and Section 125 CrPC. Since you have solid proof of lies and misrepresentation, you should immediately file: a) Application to recall/set aside the compromise if decree is already passed b) DV case for residence and protection c) Maintenance petition for yourself and son Please consult a family law advocate urgently with all your documents. Do not sign any further papers without independent legal advice. Your safety and your son's welfare are legally protected.

Advocate Shamma Perween LawRato

856 votes

Thank you for sharing your situation. From what you have stated, it appears that you believe the divorce settlement was obtained under extreme pressure and through misrepresentation, and that the advocate who represented you may have had a conflict of interest. If you have documentary or electronic evidence supporting these allegations, there may be legal remedies available. However, I need to examine the divorce decree, settlement agreement, court records, and your evidence before advising on the appropriate course of action. Please share these documents along with the date of the divorce decree and clarify whether it was a mutual consent divorce or a contested divorce.

Advocate Ranjeet Sonker LawRato

684 votes

What is your legal query? It is not clear from your text what specific information you want. Do you want to retract from the agreement? Or do you want to withdraw from a mutual consent divorce? Please update your query so that it can be answered with the exact information you are looking for.

Advocate Vishal Batra LawRato

718 votes

In this situation, you should not blame yourself for agreeing to compromise if it was done under fear, pressure, emotional stress, or without proper independent legal advice. If your ex-husband’s friend took you to a lawyer who was actually working in your ex-husband’s interest, and you were not properly informed about your rights, then the compromise/divorce terms may be challenged on the ground of fraud, coercion, undue influence, misrepresentation, or lack of free consent. The fact that you were allegedly thrown out of the matrimonial home, your husband was living with another woman, and you were worried about your safety and the safety of your 8-year-old autistic son are important circumstances. First, collect and preserve all solid proof, such as chats, call recordings, photographs, medical papers, pregnancy-related proof of the other woman if available, witnesses, documents signed before the lawyer, court papers, bank transactions, and any threats or pressure messages. You should immediately consult an independent family lawyer, not connected with your ex-husband or his friends, and show the complete divorce file and compromise terms. Depending on the facts, you may file an application to recall/set aside the compromise order or decree, or challenge it in appeal/revision if limitation permits, explaining that your consent was not free and was obtained by fraud or pressure. You may also seek custody/guardianship protection, maintenance for yourself and child, residence rights, domestic violence relief, protection order, and appropriate criminal complaint if cruelty, intimidation, cheating, or adultery-related misconduct caused legal injury. Since a special-needs child is involved, the court will consider his welfare as the paramount factor.

Advocate Lalit Saxena LawRato