Share
Mutual divorce appeal
Question
1. I got a free copy(yet to get the certificate after mutual divorce), my husband is threatening me to appeal and cancel the divorce. Is it possible?(its been 2.5months that i got the decree) 2. He is also threatning me to charge adultery against me, as he suspects I had extra marital affair before divorce. can he do that now ? What kind of precautions can i take ? 3. How valid is a divorce decree is than to a divorce certificate?
Answer ( 1 )
If you have got the divorce by way of mutual consent and the terms have been complied by the parties, it is difficult to get the same set aside unless either party files an appeal against it on the ground of fraud, coercion, etc. Evidence for the same has to be brought before the court. Adultery is no ground to set aside a mutual consent order for divorce. The appeal is maintainable if the husband is able to show that he was not aware about the terms and conditions agreed between the parties or that the terms which were agreed were not incorporated in the agreement, etc.
it is further advisable that you get the decree of divorce from the court which granted the divorce on mutual consent at the earliest. get married since more than a month has passed.