• Mutual consent divorce and amendment

I got mutual consent divorce judgement with no maintenance claims on each other since both work and earn well .but yet to get the divorce decree.

I read in some law articles that a wife can claim maintenance in the future till remarriage But present affidavit states no claims or cases on each other 

Background

in fact this was case of annulment and wife having schizophrenia which was concealed before marriage (marriage fraud) by her relatives and my lawyer advised to get mutual consent divorce since annulment takes time and many court visits.

Questions.
did i do the right thing in my situation not filing for annulment ?and filed for Mutual consent divorce
. and so even in this case wife can claim future maintenance? if circumstances change.?


Can i file for annulment after mutual consent divorce? since legally its annulment the right term rather than divorce and Can i take legal action against in laws for marriage fraud ?

Can i amend the petition which prevents any further maintenance claims in the future?

Does 90 day appeal period holds valid here? in case of MCD
Asked 3 days ago in Family Law
Religion: Hindu

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14 Answers

Your lawyer advised you correctly . Mutual consent divorce takes 6 months . Contested anullment proceedings take years to be disposed of 

 

2) wife can seek maintenance in future if there is change in circumstances and she is unable to maintain herself 

 

3) you cannot file for anullment after mutual consent divorce 

 

4) wife can file appeal against divorce decree within period of 90 days 

Ajay Sethi
Advocate, Mumbai
85548 Answers
5730 Consultations

5.0 on 5.0

- 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.

- If she has given statement with affidavit before the court that she will not claim any maintenance from you , then she cannot claim the same in future after getting the mutual divorce . . 

- Mutual divorce is far better decree than the said case , hence file the annulment case . . 

 

You can contact me, if further detailed suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
8793 Answers
94 Consultations

5.0 on 5.0

Once you got the decree of mutual consent you can again go back for annulment. If it's not got. You can withdraw and file annulment if limitation permits you

 

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

Schizophrenia is not a strong reason for seeking annulment of marriage even though it was suppressed at the time of marriage. 

Therefore it was a good decision to opt for mutual consent divorce

Besides if it has been endorsed that there shall be no claim against each other in future and also since she is employed and drawing a handsome salary,  she cannot claim any maintenance at later stage too.

No case for marriage fraud nor annulment will be maintainable after divorce on the grounds of mutual consent has been granted by court of law. 

The decree passed in mutual consent divorce is final and no appeal can be filed against it.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

In cases of a mutual consent divorce no appeal is allowed unless the person appealing to the court has something substantial to show ie fraud deception not giving the promised amount etc. And then too appeal is rarely allowed.

As the process of MCD is less messy people go by this path. There is nothing wrong with this option. No she can't ask for maintenance once she has stated that she earns and doesn't want it.

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

An annulment is a way of ending a marriage, similar to a divorce. However, unlike a divorce where you must wait up to one year before you can apply, you can apply for an annulment at any time after the wedding. But if you have already filed for divorce then there cannot be any scope for annulling a marriage.

Anik Miu
Advocate, Bangalore
3311 Answers
34 Consultations

4.9 on 5.0

As it is a divorce by mutual consent, no appeal lies against the decree. Both parties are legally estopped from preferring any appeal.

Swaminathan Neelakantan
Advocate, Coimbatore
1498 Answers
17 Consultations

4.9 on 5.0

Judgment has already been pronounced 

 

you cannot make  any amendment to petition now 

 

you cannot penalise your in laws now 

Ajay Sethi
Advocate, Mumbai
85548 Answers
5730 Consultations

5.0 on 5.0

Now the mutual consent divorce petition has been filed and the judge must have signed the judgment and decree. Once he signs it he cannot change it.

Find out if he has already signed it. 

You may request the court through your lawyer to file additional affidavit/withdraw the petition. But that would mean that you would have to prove charges against them which would be a long and costly affair.

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

You can't do such amendment only petition can be withdrawn

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

Dear Client,

 

Section 496 defines the offence of fraud marriage. A person who with fraud or dishonest intention of knowing to the nature of marriage ceremony as invalid goes through such a ceremony is liable to be convicted under Section 496. Such mock or fraud marriages are punished under this Section.

 

Thank you.

Anik Miu
Advocate, Bangalore
3311 Answers
34 Consultations

4.9 on 5.0

No, you cannot make any amendment now that judgment is already passed in the case. Move on with life.

Swaminathan Neelakantan
Advocate, Coimbatore
1498 Answers
17 Consultations

4.9 on 5.0

- If judgment already passed by the court for divorce ,then you cannot amend the same on any ground .

- You can lodge a compliant against in-laws.

Mohammed Shahzad
Advocate, Delhi
8793 Answers
94 Consultations

5.0 on 5.0

The decision for mutual consent divorce itself was by condoning the previous acts.

Hence beyond the judgment neither you can file any such case nor you can file any affidavit in the disposed case. 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

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