I was granted a mutual divorce on 23 Oct 2009 with these frauds :- 1. Zero alimony given till date. 2. No false cases were lifted, rather many new false cases filed against me n my family. 3. Children custody taken n not permitted to meet children even once after divorce. 4. Family court judge who grated divorce is already behind bars due to other such frauds. 5. Father physically disabled n old. Only brother in army. 5. Please help.
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Dear
According to law you cannot challenge Mutual consent Divorce in any court.
But you can file the execution or civil suit regarding custody of the children and for alimony also. If this does not help file criminal complaint against other party for custody of you children
Dear client,
If you have encounter such a fraud the divorce is ab initio void. But if both of you had been represented in court and agreed to the decree, then it will be very difficult to nullify such decree. Otherwise you have very good ground of appeal.
MCD would not be set aside after 10 years
2) you are at liberty to file application seeking alimony from husband and sole custody of your child
See its a 10 years old divorce you have not challenged it for 10 years so in case you challenge it file a writ before high court to set aside the order of the family court below but the first question of court shall be where were you all these years.
Challenging a mutual consent divorce, that too, after a huge gap of 10 years.......
court will surely ask ,where were you,
anyway you can file a writ petition before the honorable High Court to set aside the same but chances are very low
better to claim alimony, custody of child, etc from your husband by making a fresh application/execution
Whether all these, facts stated by you, were part of divorce decree?
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.
Dear Sir,
You may file the petition in Same family court for cancellation of previous order of divorce giving the grounds and if not decided in family Court sooner, file appeal in high court.
1) Uplifting point of family court judge and he is behind the bars for doing frauds, pointing this and refiling case again in upper court asking for revision of the order passed by the lower court judge.
You need to appeal in hc for setting aside the said order
Don't you think, You are raising this issue so late. Well judgement obtained by fraud if void. You can raise all the issue again by filling fresh petitions.
And alimony and custody petition can be file even now or file execution petition to honour order of 2009.
It is not cleat what type of fraud was perpetrated upon you to obtain the decree.
If indeed a fraud was exercised then you can file a suit for declaration to declare the decree as null and void.
However if the terms of settlement as mentioned in the mutual divorce divorce petition then the same is not fraud and hence the decree can not be set aside.
You can file petition u/s 26 of the HMA in the same court to see the children.
The divorce on mutual consent do not cover all the issues what you have mentioned. here.
You can file a child custody case separately even now.
You can file an application seeking alimony amount now also since it is not covered in the divorce case.
You cannot challenge the mutual consent divorce case.
