Dear All, My question with regards to divorce with mutual consent has already been answered I have 2 more queries . Decree of divorce has been obtained in Tamil Nadu where my marriage was solemnised. My wife started making her advocate call after a period of 6 months stating she doesn't know local language and signed mutual divorce petition by coercion and deceit and they will approach court in AP. My ex wife knows Tamil language very well and being a post graduate she is fluent in English too. Petition was filed and decreed was issued in English language. Can she challenge quoting language as reason. Second question is she has given custody of my girl child to me with absolute no condition at the time of hearing and now trying to approach Human rights seeking custody of child back, is this maintainable.
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wife would not get custody of child as she has signed consent terms in divorce petition wherein you have been granted custody
2) wife appeal against divorce decree would be dismissed as order is passed in English and she is fluent in English language
As it was a divorce by mutual consent, no appeal lies against the decree. Both parties are legally estopped from doing so. As for the language issue, your wife, having signed the petition and sworn affidavit, cannot now raise the issue. Reply suitably to the legal notice along these lines through your lawyer.
Dear Client,
In the divorce petition, your wife willingly signed consent terms which grant you custody of the child. Therefore, it is unlikely that she would be awarded custody in this situation. Additionally, her appeal against the divorce decree would likely be dismissed as the order was passed in English, and she is fluent in the English language.
Dear Counsels, Pls suggest whether there is any Court decision with regards to custody of a minor girl child has been sought back by a divorcee mother who initially accepted to give up rights and trying to challenge post decree of the court . It will be easy to defend if there is any Court decision with regards to this
judgments depend upon facts of each case
2) your wife has signed mutual consent divorce consent terms on basis of which decree was passed
3) as on date no appeal has been filed
4) divorce decree is final and binding n parties
5) she would not get custody of daughter now
Human rights cannot interfere in the child custody matter, it can be dealt with the family court alone.
The divorce decree granted on the grounds of mutual consent by a court of law cannot be appealed against and cannot be revoked for any reason except if there was a fraud played on the court which should be proved by providing substantial documentary evidences.
If she had appeared before court and confirmed her willingness for divorce on mutual consent by an affidavit sworn before court, then it is final.
You need not be worried on this aspect, the court or law cannot dance to her fancies and whims.
The divorce decree is final.
The child custody order is par of the judgment.
The decision of child custody can be revoked only when it is proved that the custody will endanger the child or it is against the interest or welfare of the child
You can challenge the case when it is filed appropriately.
There are lot of decisions by various high courts across the country, you can ask your advocate to provide one suitable to your situation.
- 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.
- Further, if the custody was given to you through the agreement at the time of mutual divorce, then she cannot ask for the custody
- Further, Human right having no role to play , when the order is passed by the court.
You need to contest her fresh custody petition in higher court is only remedy. Human rights will not interfere in court procedures
According to the law, a divorce by mutual consent is considered final and binding, leaving no room for either party to challenge it in any court. This type of divorce is based on the agreement and consent of both parties, meaning they cannot go back on their decision or breach the terms they have agreed upon. Therefore, the Decree issued as a result of mutual consent and the agreed-upon settlement is considered definitive and cannot be contested by your wife. Any attempt by her to violate the agreement and decisions made would be regarded as Contempt of Court, which is a serious offense. Furthermore, if custody of any children was granted to you as part of the mutual divorce agreement, she would not be able to request a change in custody at a later time. It is important to note that human rights considerations do not typically come into play when the court has already issued its order.
If she is a graduate and the copies are in english she has feeble chances to challenge.The complaint before HR is futile.
