1) wait for period of 3 months as your spouse can file appeal within period of 3 months
2) in laws cannot file appeal against divorce decree
Mutual consent divorce and it’s finality
The mutual consent divorce on the website says -disposed and settled after the second motion and meeting and both meeting the judge. How long I have to wait to marry again.? My in laws aren’t aware of this divorce and only me and wife made a Mutual decison but they may not like the divorce . Can in laws file an appeal after they come to know the divorce and allege consent was forced or so?( consent was mutual decision ) Or some other allegation ? And would it have any significance
Asked 4 years ago in Family Law
Religion: Hindu
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12 Answers
Declaration of divorce by Court on mutual consent is final. You can marry now. There is no legal hurdle. No one can challenge the divorce in appeal but you can wait till you get order copy, it may take two weeks.
1. You can marry immediately after the final decree of divorce is pronounced as it's mutual consent divorce.
2. Your in-laws can't file an appeal against the divorce decree and if at all if there were to be an appeal it could be from your wife, which is ruled out since it's mutual consent divorce.
3. Your in-laws can't file any other case alleging you of any misdemeanor, since their daughter herself has accepted MCD.
Dear client,
You can marry as soon as you receive the divorce decree. If the divorce was a mutual decision then the in-laws cannot do anything to change this.
Thank you.
Can wife or in laws appeal within 3 months or it is not appealable at all?
Asked 4 years ago
Wife can file appeal against divorce decree within period of 3 months
Since it was a divorce on the grounds of mutual consent, and as the case been disposed by the court dissolving the marriage on the said grounds, you are eligible to remarry from the next date of the pronouncement of the said judgment.
The divorce or marriage is between you and your ex-spouse only, hence her parents cannot object or intimidate you on this or even threaten to take any action on this since they may say that they were not aware of this.
Besides, once the divorce decree has been passed on the ground of mutual consent, the same cannot be appealed against , it is final.
This is not a contested divorce so that there is a time period o ft three months for preferring an appeal against the aggrieved judgment.
She did confirm her decision for divorce befor the court during the second motion and ht court has passed the judgment dissolving the marriage by a decree of divorce on the grounds of mutual consent which means it is final.
This can not be appealed against in any court above this trial court.
In contested divorce, appeal period of 90 days will be applicable but since it's mutual consent divorce, normally there can be no appeal as the divorce was under MCD.
Once a decree for divorce by mutual consent is passed, it is final, and no party-husband or wife- can appeal against it. Third parties have no legal right to 'offer' their consent in such cases.
Dear client,
No, they will not be able to appeal the final divorce decree.
Thank you.
You can marry after you receive decree and appeal period of 90 days is over
- 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 & unchallengeable by your wife,
- Even, if she will try to breach the agreement and decision of the case, then it will be considered as Contempt of the court.
- Hence, after getting the divorce , her parents cannot file any case , and even wife cannot file any appeal , and you are free to marry.
