• I received Divorce decree by mutual consent 13B from Family court

Sir, 
I received Divorce decree by mutual consent 13B from Family court, the question now is can my estranged wife file case for reversal or anything else in high court or family court itself.

My wife had filed for conjugal rights in family court but was pending, now since the divorce by mutual consent is given, can she play on with the conjugal case which is not cancelled yet. 

Please advise.
Asked 10 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) once divorce has been granted by mutual consent RCR petition would become infructous 

2) your wife can file appeal against mutual consent divorce decree if her consent was obtained by fraud or coercion
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
Hello,
1)A decree of divorce by Mutual consent is an absolute one and therefore your wife cannot file any petition to reverse the order either on the family court or the High Court.

2) The petition for RCR should have been withdrawn at the time of going ahead with the mutual consent petition. Insist that the RCR is withdrawn immediately. Make a submission before the court about the MCD already ordered.

3) It won't be easy for her to trouble you with the existing RCR petition, however appear before the court with your lawyer to make submission as suggested above.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
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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. RCR which she had filed will now be dismissed by the court as marriage no  longer exists.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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She has now lost the right to revoke her free consent even if the decree is yet to be signed by the judge.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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1) court will pass final decree on basis of statement mad by both parties that they want to dissolve marriage by mutual consent 

2) further wife must have filed affidavit that she wants divorce by consent at time of second motion 

3) chances of success in appeal are bleak 
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
A decree of divorce by mutual consent can be set aside only if there is an element of fraud in obtaining it. A fraud like any other criminal act has to be proved and it can be a bald statement. If the effort is only a rethinking then there can not be going back. A time of rethinking is given before second motion and lot of reconciliation is practiced before finalising the proceedings. Have you complied with the terms of agreement on your part, if there was one, before moving a joint petition.? 
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
Hi
why do you say the RCR ha snot been cancelled?
was the Mutual consent decree was passed after a settlement arrived in the court on the RCR filed by your wife? 
 if the case of RCR  was in the same court the court would have taken care to dismiss it before the decree of divorce under 13 B of the Hindu marriage Act.

if you have got decree with the presence and consent of your wife she can not play with it.
if your advocates have not intimated to court about an existing RCR and it was in a different court the Petition  will be dismissed if not attended or else it has to be withdrawn.
your wife will not be able to do anything to claim under  RCR if she had signed the mutual consent. S no need to worry about it.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Hi, Once the wife has signed mutual consent divorce before the court there ends the matter.

2.Suppose if she want to file an appeal before the High Court against the Mutual consent divorce then she has to establish before the court that the consent was taken by fraud, coercion or undue influence.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
a decree passed on consent of parties is not appealable [ section 96/97/100 cpc ]. If she file any subsequent suit on the same cause of action it shall not be maintainable because section11 cpc [ doctrine of res judicata ] bars such type of suits.  
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
4.9 on 5.0
I received Divorce decree by mutual consent 13B from Family court, the question now is can my estranged wife file case for reversal or anything else in high court or family court itself.
The divorce case and the restitution of conjugal rights are opposite to each other.  Since both the cases were filed in the same court, on one case being disposed by a decree, the other case automatically becomes infructuous. As far as the mutual consent divorce is concerned, the marriage has been dissolved hence even if she prefers an appeal, it may not be maintainable in view of the unconditional consent she had offered for agreeing to dissolve the marriage jointly with her spouse. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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Sir, she agreed in front of judge that no coercion was done from husband, now the decree has to be signed by judge for the decree order. Can my wife now file appeal before the judge signs the decree copy? Please advise.
In your previous question you have stated that you have received the divorce decree but now you state that the judge is yet to sign the decree copy, which is true?
If the judgment is not passed, she still has an option to cancel her willingness and may opt to express her unwillingness for mutual consent divorce. But you can file a regular divorce case on the basis of the mental tortures she has meted out to you by playing such gimmicks. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
no, appeal lies against the mutual consent order/decree.

because the divorce has been granted by court hence section 9 petition became infectious and will be dismissed.

 
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
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1. In normal course there is no scope for an appeal against a MCD decree since both the parties agreed for it unless she claims that she has been mislead or coerced in to signing the said MCD or also that she never signed the MCD and also that the person appeared before the Court on the 2nd motion has impersonated her without her knowledge,

2. If none of the above conditions exist, she can not file any appeal against the said MCD decree,

3. After the divorce, the RCR peition will become infructuous automatically.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
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1.In normal course she cannot appeal against the aid order,

2. However, the conditions when she can file has been explained above.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
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