• Want to challenge a mutual consent divorce due to fraud

I was granted a mutual divorce on 23 Oct 2009 with these frauds :-

1. Zero alimony given till date. 
2. No false cases were lifted, rather many new false cases filed against me n my family.
3. Children custody taken n not permitted to meet children even once after divorce. 
4. Family court judge who grated divorce is already behind bars due to other such frauds. 
5. Father physically disabled n old. Only brother in army. 
5. Please help.
Asked 2 years ago in Family Law
Religion: Hindu

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13 Answers

Dear 

According to law you cannot challenge Mutual consent Divorce in any court. 

But you can file the execution or civil suit regarding custody of the children and for alimony also. If this does not help file criminal complaint against other party for custody of you children 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Dear client,

 

If you have encounter such a fraud the divorce is ab initio void. But if both of you had been represented in court and agreed to the decree, then it will be very difficult to nullify such decree. Otherwise you have very good ground of appeal.

Rahul Das
Advocate, Kolkata
1 Answer

Not rated

MCD would not be set aside after 10 years 

 

2) you are at liberty to file application seeking alimony from husband and sole custody of your child 

Ajay Sethi
Advocate, Mumbai
84900 Answers
5615 Consultations

5.0 on 5.0

See its a 10 years old divorce you have not challenged it for 10 years so in case you challenge it file a writ before high court to set aside the order of the family court below but the first question of court shall be where were you all these years. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

Challenging a mutual consent divorce, that too, after a huge gap of 10 years.......

court will surely ask ,where were you,

anyway you can file a writ petition before the honorable High Court to set aside the same but chances are very low

better to claim alimony, custody of child, etc from your husband by making a fresh application/execution

Whether all these, facts stated by you, were part of divorce decree?

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

Mutual divorce decree cannot be challenged after it has been granted as it is dissolution of marriage on the basis of mutual consent which cannot be revoked after the final hearing. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

Dear Sir,

You may file the petition in Same family court for cancellation of previous order of divorce giving the grounds and if not decided in family Court sooner, file appeal in high court.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

1) Uplifting point of family court judge and he is behind the bars for doing frauds, pointing this and refiling case again in upper court asking for revision of the order passed by the lower court judge.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

You need to appeal in hc for setting aside the said order

Prashant Nayak
Advocate, Mumbai
24906 Answers
58 Consultations

4.4 on 5.0

Don't you think, You are raising this issue so late.  Well judgement obtained by fraud if void. You can raise all the issue again by filling fresh petitions.

And alimony and custody petition can be file even now or file execution petition to honour order of 2009. 

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

It is not cleat what type of fraud was perpetrated upon you to obtain the decree.

If indeed a fraud was exercised then you can file a suit for declaration to declare the decree as null and void.

However if the terms of settlement as mentioned in the mutual divorce divorce petition then the same is not fraud and hence the decree can not be set aside. 

You can file petition u/s 26 of the HMA in the same court to see the children.

 

 

 

 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

  1. The conditions mentioned in the Mutual Divorce decree have not been complied as it seems from the information mentioned in the above query.
  2. Irrespective of the fact that the judge who passed the decree is behind the bars, doesn’t make the decree invalid, it will always remain in force.
  3. You should file a contempt petition before the Hon’ble High Court to get all the conditions complied as per the language of the decree.
  4. If they don’t comply then they will have to go in jail for the contempt of court order.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The divorce on mutual consent do not cover all the issues what you have mentioned. here.

You can file a child custody case separately even now.

You can file an application seeking alimony amount now also since it is not covered in the divorce case.

You cannot challenge the mutual consent divorce case.

T Kalaiselvan
Advocate, Vellore
75017 Answers
1261 Consultations

5.0 on 5.0

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