• Divorce by mutual consent

I was married 5 months back, livings separately for 1month, both parties decided to go for MCD,made a settlement deed mentioning the marriage exactly one year back,I have to pay hefty sum on the 1and 2 motion,I have signed it,girl side prepared petition with forged marriage card indicating one year back date and manipulating other facts like separation,now should I go for it or tell them to wait for one year to complete,I am told that a decree obtained by manipulating the facts can be challenged later,in that case how would I recover my money,can this be challenged by third party.
Thanks
Asked 1 year ago in Family Law from Delhi, Delhi
Religion: Hindu

Hello,

No this can not be challenged by a third party, but yes I would not advise you to do so as doing the same is an offence.

At a later stage if anyone of you gets married again and there is dispute again in matrimonial life then the other party can use this as a strong point.

Also, you may just ask them to sign agreement and file the case after 1 year of marriage and till then live separately.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Dear Concerned,

The GIRL family seem to be blackmailing you for for false cases , when you are paying HEFTY amounts DO NOT FORGE any document - tell them to wait for seven more months and then only file Mutual Divorce. As soon as you sign the deed you become party to the fabrication EVEN THOUGH this is a Mutual Divorce and both the parties are equally responsible but WHY to play around with dates when both parties are in consensus of MCD ...... Dont do this avoid future issues.....

Best of luck

Atulay Nehra
Advocate, Noida
1206 Answers
47 Consultations

4.7 on 5.0

1. Yes if a decree is obtained by playing fraud upon court then the same is nullity and the court can set it aside.

2. Now if this girl later on retract from her position and make allegations of forging the document on you then you would be in serious trouble.

3. So there is no need to be in great hurry. Wait for one year and then on the basis of true facts apply for MCD.

4. No advocate can advise you to indulge in illegality to obtain order from court.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

Tell your wife to wait for expiry of one year then file petition for divorce by mutual consent

2) don’t file any petition based on forged and fabricated documents . Such divorce would be set aside by court

3) don’t make any payment now

4) inform your wife of consequences of her hasty decision to file for divorce based on forged documents

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Sir it is illegal to forge documents and give wrong information on affidavit before the court. There can be criminal case for this.

So ask your wife to wait for time to complete one year and then go for MCD further pay after door e is granted.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

If the girls side had manipulated separation period and forged invitation card why did you sign the petition? The Court is surely going to ask you this and along with the girl even you shall be liable for perjury proceedings for making false statements under oath.

Sunita Bafna
Advocate, Mumbai
20 Answers

Not rated

hello

this is a fraud upon the court and the decree would be a nullity in case the court found out about this incident. you should tell them to wait for 1 year. there cannot be a MCD before 1 year unless there are very excruciating circumstances.

regards

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

Firslty, what now you been saying is perfectly correct as any decree obatnained by giving false impression can be cancelled and action may be taken against them.

Secondly, but Sir, court may also ask you to tell that why should you agreed to that false saying about the marriage which means that you may also be clubbed together with them.

Thirdly, you may also be in trouble.

Fourthly, I advice you to wait for one year.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

We will never advice to submit any post document in the court both the parties can be charged under section 196 to 200 IPC for this kind of submissions in the court and will be punished please stay waiting for the completion of one year before you go for the divorce petition on the mutual consent ground

Vimlesh Prasad Mishra
Advocate, Lucknow
5530 Answers
18 Consultations

4.9 on 5.0

It is advisable that you portray true and correct position before the Court.

Since its just been a month since you guys are living separately, I'll advise you to wait for some more time and act strictly in accordance with law. Everything that's provided under law has a reason. You never know, things might just get improved during this remaining period of separation.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

1. Under HMA a petition for divorce cannot be filed a year before the date of marriage.

2. It is not advisable to forge a marriage invitation card.

3. Better wait one year to file the petition instead of filing one now on the basis of a forged certificate. The jail term for producing a forged document in the court is 7 years.

4. Of course, a decree obtained in a fraudulent manner can be challenged/

Ashish Davessar
Advocate, Jaipur
26131 Answers
782 Consultations

5.0 on 5.0

It is prudent on your part to either ask them to wait for one year from date of marriage to petition MCD or alternatively apply for divorce on ground of non consummation of marriage.

Filing false affidavit or documents may land you in trouble and is punishable under the law.

Sushil Jha
Advocate, Patna
283 Answers
2 Consultations

5.0 on 5.0

Manipulating documents to be filed in court amounts to perjury and playing for deposit the court and is a criminal offence and hence, Such activities could not be done by you in order to avoid future complications.

The ideal recourse for you is to wait out the 1 year period and approach the Honorable Court with true facts.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

- A decree obtained by manipulating the facts and on the basis of fraudulent documents having no value in the eye of law and if it is discovered at a later stage in future , then it will treat as a crime . Further the party getting such order/decree on the basis of fraudulent will face legal action from the court of law.

- As per law , the parties intending to dissolve marriage are required to wait for at least one year from the date of marriage and they have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.

- The Divorce Petition is in the form of affidavit, which is to be submitted to the family court after attesting and signing the same by the parties of the Petition.

- So, for moving the Divorce petition before the court you will also have to sign the affidavit etc . It means you will also commit offence , if this petition is based on the fabricated information and documents.

- Dont pay her even single pie before completing one year period for moving the petition of divorce.

- Try to guide her that such order/decree will attract criminal offence,once it will came into the light of the court.

Mohammed Shahzad
Advocate, Delhi
522 Answers
18 Consultations

5.0 on 5.0

I think you should wait for the completion for one year. Because i dont think you can rely on the opposite party or their counsel who can drag you in a another case of forgery cheating etc.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1) don’t back track on your commitment to pay alimony

2) ) say you are willing to pay alimony after you file for divorce by mutual consent on expiry of one year of staying separate

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

hello

yes, you can always withdraw yourself from an agreement that is illegal and unsustainable in the eyes of the law.

the agreement is illegal and hence void and carries no legal sanctity.

regards

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

You do not have to pay the alimony amount to your wife as the said agreement has been forged, and it is illegal in the eyes of law and hence cannot be enforced.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

Yes before the final motion you can always refuse to honor the terms of settlement.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

Yes it is, no doubt in it.

I statement except the one male before th court of law binds a person to do or not to do something.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

Dear Concerned,

Yes - you may choose not to be party to any fraud and as you would certainly be in possession of documents related to actual date of marriage.... need not to worry - you are stepping back form something that was wrong and you choose not to do it - GOOD DECISION

Best of Luck

Atulay Nehra
Advocate, Noida
1206 Answers
47 Consultations

4.7 on 5.0

yes you can if still the divorce is not happened remove your consent and inform the court further she cannot seek specific performance of such an agreement.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

You should not have accepted the proposal for this manipulation at the time of giving them the money or at least at the time filing the petition.

Now at this stage your expression of facts will lead to chaos and you may not get any solution for this.

Especially if you are trying to get back your amount.

No doubt playing fraud on court is not advisable.

You may decide further course based on the prevailing situation.

Legally you may not be able to recover the amount.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Retrieving the money already paid, through court or law is not maintainable.

You may discuss with them, convince them to withdraw the case and file it at a later date when the actual period of one year is completed.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

You have to wait for one year of marriage to file divorce on the grounds of mutual consent. There is provision under section 14 of hindu marriage act. where you can file an application for presenting the petition within one year of marriage along with the mutual consent divorce petition.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

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