How did she consent to the divorce if she didn't know. Anyways a decree obtained through fraud can be challenged and it will be declared null and void by the court.

You can go for mutual consent divorce and put your terms and conditions accordingly  in the MoU.

Divorce decree has become final and binding as no appeal is filed within period of 3 months 

2) even if husband had extra marital affair that is no ground for setting aside divorce decree 

3) both parties have stated on oath that they are staying separate for period of one year and hence divorce decree has been granted 

1. A mutual consent divorce decree is a consent decree which cannot be challenged except on the ground that it has been obtained fraudulently.

2. If wife has given a statement that she has taken her streedhan then she cannot subsequently come and state that she gave a false statement. How is it possible that wife did not know that her streedhan has not been returned?

- As per law, Divorce by mutual consent is final and binding, and thus cannot be challenged in any Court by either of the parties.

- The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot breach the agreement and decisions.

- Therefore, the Decree granted under the mutual consent, and based agreement is final & unchangeable. 

- Even, if any party will try to breach the agreement and decision of the case, then it will be considered as Contempt of the court.

- Since, she has also given a false affidavit for the same after accepting that without any pressure from anyone , she is signing the same , hence a criminal case can also be initiated against her as well as :

1. If the Court has directed or ordered any party to file an affidavit, then filing a false affidavit in a such situation is punishable as per Section 2(c) of the Contempt of Courts Act, 1971.

- This is also known as committing ‘criminal contempt’. Punishment for committing contempt of court is imprisonment for a term which may extend to six months.

2. If a person voluntarily files a false affidavit, then he/she can be punished under Section 193 of the Indian Penal Code for giving false evidence. 

- Under this situation, the punishment for filing a false affidavit is punishable by imprisonment for a term ranging from 3 - 7 years.

Good luck and dont forget to rating Positively. 

It can be but you may get convicted for perjury for giving false evidence ik court

1. since the petition of 13B is a joint petition, therefore, it cannot be challenged,

No use otherwise wife will also face prosecution for submitting false information in court. Challenge the order in HC by way of Writ that stridhan is not return. Dont disclose other false information.

If there was a fraud played on court to obtain this decree then the aggrieved person,  with substantial documentary evidences,  can approach court seeking to set aside the judgment and dismiss the case for same reason. 

However since this is mutual consent divorce and the reasons stated by you are of the nature warranting interference of court to reconsider it's decision,  any petition in this regard that too at this belated stage may not be entertained or maintainable. 

See the decree can be challenged before the High court to set aside same on pretext of filing false affidavit and is obtained fraudulently no appeal so same can be filed. Further though if wife is being cheated in marriage there is no use of revoking decree and staying in marriage.

Also since wife has also filed false affidavit case 9f perjury can be initiated against both.

1. If they do then both of them can be prosecuted criminally under section 340 crpc for willfully making false statement in court under oath.

2. SO to reverse the decree on 13B , they can remarry each other.

3. So for the sake of their own good it is better to keep silence.

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. 

Dear Sir,

You must establish that with misconception and without knowing consequences bonafidely used such information as true.  If any conviction made by the trial court you can approach higher court on legal points.

The purpose of MCD is that, at the time of making application for MCD both parties enter into an MOU and file a sworn affidavit stating that, after understanding the  repercussions they have signed the same and request MCD.

Subsequently, either of the parties cannot backout and file any application stating that he / she has come to know all facts after 1.5 years from divorce. 

It is not maintainable on the  ground that MCD is not appleable and that the criminal case filed by her is also not maintainable due to limitation.

Streedhan, husband's affair etc., cannot be  raised by her, since after understanding T&C of MOU before MCD she might have signed, as such, the case filed by her is not maintainable.

1. Yes decree can be reversed by filing a Writ petition in High court that wife never appeared for proceedings of Divorce in court on ground that some other lady appeared with fake Identity instead of real wife. 

2. Wife can give application under section 340 CrPC in the Court in which false affidavit was given by Husband and wife for initiating criminal case for giving false evidence in court.