• Taking back wife after divorce judgement

Respected Lawyers,

We had a mutual divorce &  the final judgement was issued last month in India. Now, we feel sorry for what we have done. 

Can I take back my wife, we want to live  together again.  

Can I cancel my divorce degree?

Please help.


Asked 1 year ago in Family Law from United Arab Emirates
Religion: Muslim
Once divorce decree has been passed it attains finality unless an appeal is filed in HC  after divorce within period of limitation 

2) you are free to remarry your ex wife as per Muslim personal law 
Ajay Sethi
Advocate, Mumbai
46709 Answers
2763 Consultations

5.0 on 5.0

1. If both of you agree for withdrawal of the decree of divorce then file a joint petition in the family court requesting for cancellation of decree of divorce.
2. Even though the decree of divorce is pronounced by the Court the couple can appeal within 60 days from the date of judgement to set aside the order of decree. Use this opportunity for your benefit by taking your wife back into your marital life.
Shashidhar S. Sastry
Advocate, Bangalore
1648 Answers
109 Consultations

5.0 on 5.0

1. Divorce decree can not be cancelled.

2. You two can remarry.

3. There are several such incidences where divorce couple have remarried.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
453 Consultations

5.0 on 5.0

It is a welcome move that both of you intend to live together again as husband and wife.
Yes, both of you can appeal to the court for cancellation of Divorce decree but it might take atleast 3-4 months for the divorce decree to be cancelled.
Hence the next best option would be to get married in front of your Maulana/Imam and get the marriage registered under Muslim Personal Law.
Hope this information is useful.
Rajgopalan Sripathi
Advocate, Hyderabad
1321 Answers
168 Consultations

5.0 on 5.0

Dear Querist
After completion of iddat period you can take her back after performing Nikah or solemnized marriage under special marriage act.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4875 Answers
226 Consultations

4.9 on 5.0

There is no way you can cancel the decree for mutual divorce since it was done with mutual consent of bot of you.
However there is nothing to loose heart.
You can always remarry her which is very much permissible and then live rest of your life together with her.
All the best for your good decision.
Devajyoti Barman
Advocate, Kolkata
13135 Answers
174 Consultations

5.0 on 5.0

Of course, you can take her back and even marry her. However, the divorce decree cannot be cancelled. 
Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

You can take back yor wife and live with her together.
You cannot get the divorce decree canceled.
You may have to remarry her by solemnising the marriage once again
T Kalaiselvan
Advocate, Vellore
36859 Answers
403 Consultations

5.0 on 5.0

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