There is no procedure of reversal of mutual consent divorce decree.
You both will have to get the registration process done again.
If someone can help me on this , I want to know is there any possibilities of Reversal of Mutual Consent Divorce as Final hearing was completed on last week(10 day) and divorce procedure was completed. Now both parties are feeling their mistakes and want to revert the divorce. Could it be possible and what is the process and how much time it will take.
There is no procedure of reversal of mutual consent divorce decree.
You both will have to get the registration process done again.
You need to remarry that is better option as divorce is already granted in case and reversal may take long
You can do a religious marriage in temple or a.court marriage.
No there is no possibility of reversing the mutual consent divorce.
The only possible way to get together is marry each other again.
The decree of court once passed can only be set aside by process of law on the set provision of law.
The will of the parties or their change of heart has nothing to do with the process of law.
Now your only recourse is to remarry again and law is always in favour to register the marriage between the two willing couple.
So without thinking much about the mistake visit the nearest marriage registrar and get your marriage registered.
If I see online there us still dates are shown, whart is that Judge Business On Date Hearing Date Purpose of hearing 5th Joint Civil Judge Senior Division Thane [deleted] [deleted] Compromise 5th Joint Civil Judge Senior Division Thane [deleted] [deleted] Compromise 5th Joint Civil Judge Senior Division Thane [deleted] [deleted] Compromise 5th Joint Civil Judge Senior Division Thane [deleted] [deleted] Compromise
See if already divorce decree is passed and order of court is there even if it is not updated only you have to remarry that would be best thing to do.
Please elaborate upon the controversy so that the matter can be understood and appreciated and proper legal advice can be given.
Regards
Detailing History Here 1. Mutual Consent petition filed. 2. six month conciliation period completed 3. One party ready to reconsider ,Second party seek time to reconsider, Court gives 2 days 4. Both agreed to get divorced 5. After Divorce Both party feeling, Its a mistake, Can it be cancelled (only 5 days completed after divorce, means second motion passed by court as per my under standing) Now what to do for cancellation. So I am seeking suggestion here. What can be the process to stop or cancel. As per online status Judgement is not passed yet, as per my understanding it will pass on 25 july 2019 as mention in online. it says Business on date 18 july 2019 and hearing on date 25 july 2019 Please suggest at earliest
Both can appear in court and request MCD petition be dismissed as they wa t reconciliation
2) make an application supported by affidavit signed by both parties
You should contact your lawyer and request him to submit application signed by both parties
since no judgment is passed request court to permit you to withdraw MCD petition as both want reconciliation
See if order is not yet passed file an application before court to mutually withdraw the divorce petition and consent from the divorce.
It is not clear whether decree is passed or not.
If not then you can withdraw the consent.
Else remarriage is only option.
Hi
If the Judgement is not passed yet, both of you file a Joint memo seeking the withdrawal of the MCD on 22.07.2019 itself, convince the court that you want to withdraw the said MCD.
It is your problem, most likely the court will consider your representation.
Good Luck.
Try to file a joint petition today itself and both should present before the court in person along with your advocate. In case judgement is not signed yet, court may find out a way to consider your case.
You need to again get married now. As you both are divorce. Or you can try to file a petition in high court. If high court consider it in its discretion to give you any remedy
Dear Sir,
The following information may kindly be read:
Can a Divorce Decree Be Reversed?
Undergoing an elaborate divorce process is certainly reckoned by no sense of regret. The settlement agreement reflects the concordance between the spouses. But during and after the breakup, there are number of circumstantial changes as well as new discoveries that can cause one of the spouse or both to reconsider the earlier decisions. There are certain circumstances where marital settlement agreement can be modified only with the parties’ mutual consent.
But in some cases, after considerable period of time, couple may realize to restore the marriage. But can a divorce decree be reversed under Indian Law?
In a country like India, a land of diversified religious communities with distinct marriage laws, separate laws have been implemented for couple belonging to distinct religious beliefs:
Under the Hindu Marriage Act, 1955 elucidate different theories of divorce-fault, mutual consent, breakdown ad also explains the ground for divorce under this Act.
But reversal of divorce decree is clearly specified in Indian Divorce Act 1869. According to it, the decree of separation can be reversed during the absence of husband or wife. Here desertion is the suitable ground where husband or wife, a decree of judicial separation has been pronounced, can present a petition to the court. On this ground, the court can be presented with a petition on account of his or her absence with a reasonable excuse for the alleged desertion. After being satisfied of the truth of the allegations on such petition, the court may reverse the decree accordingly. But it ensures that reversal must not affect the rights or remedies or must not render prejudice in respect of contracts, debts or acts of the wife incurred with the span of the sentence of the separation and reversal thereof.
In general, there is no easy way to revoke the divorce degree but if any of the spouse filed the divorce petition earlier, then the other party can go to the court and possess the right to challenge accordingly. A statement can be issued if both the spouses want to live together. With the immediate effect, the High Court would dismiss the divorce decree and may allow the appeal.
If your divorce is about to be pronounced by the court then you need not to worry about and in any case you are free to go for another marriage with the same lady and you can get your marriage registered as well during this period there is no provision that both of you cannot live together
so just forget the divorce and get marry again in court
1. If the 2nd motion is over then it is expected that the Judge has already pronounced thge decree of divorce as pere the usual practice.
2. He shall now sign the typed decree which may take 7 more days for getting typed.
3. MCD decree can not be challenged or r4eversed.
4. You two shall have to marry again.
5. There are several such cases of remarriage with the same person like that of yours.
1. If both of you have jointly filed MCD petition praying fopr decree of divorce then there is no question for any hearing for compromise.
2. If any of you withdraw consent for the MCD, he/she can state the same before the Court during the hearing of the 2nd motion and tyhe MCD petition will be rejected.
3. There might be errors while uploading the status in the net for which you should verify the records yourself to find out the status of the case.
1. The decree of divorce has already been passed as stated by you. Th eJudge had given 2 days time for deciding on the matter of compromise which had failed.
2. If it is so, then it can not be cancelled.
3. You shall have to remarry in the given circumstances.
Reversal of divorce decree is clearly specified in Indian Divorce Act 1869.
There is no easy way to revoke the divorce degree but if any of the spouse filed the divorce petition earlier, then the other party can go to the court and possess the right to challenge accordingly. A statement can be issued if both the spouses want to live together. With the immediate effect, the High Court would dismiss the divorce decree and may allow the appeal.
If the court has pronounced that the case has been decreed as prayed for in the open court then it has been decreed and it cannot be reversed at this stage.
You may enquire from the court clerk about the position of the case and if possible then file a petition seeking to withdraw the divorce case if the judgment has not been pronounced.
Dont get misguided by the ecourts status of the case, you may enquire about it from the clerk of the court who will be able to tell you the correct status.
after hearing both the party on the second motion, if the court reserved the judgment and posted the matter to some other day and if that date has not come then you can file a petition to advance the hearing for the reason that you are filing a memo to withdraw the case and to treat it as not pressed and dismissed.
You first ascertain the status of the case through the bench clerk of that court and then with the help of your advocate follow the procedure as stated above.
Tge mutual consent divorce petition has been signed by you and accepted by the courts. The divorce is done. The judgement and the decree would be passed by the court in a few days but it would be dated the day when you filed tge 2nd motion.
Therefore you are now divorced. If you think that it is a mistake then you can again marry each other.