can a mutual divorce decree be set aside?

Yes, a mutual divorce decree can be set aside, but only under certain conditions. Courts are generally reluctant to set aside a divorce decree obtained by mutual consent because it reflects an agreement between both parties. However, there are specific grounds on which it can be challenged:

Grounds for Setting Aside a Mutual Divorce Decree:

1. Fraud or Misrepresentation:
   If one party can prove that the consent for the mutual divorce was obtained through fraud, coercion, or misrepresentation, the decree can be challenged. For example, if false promises were made during the proceedings or if critical facts were concealed.
2. Absence of Free Consent:
   Mutual consent implies that both parties agreed freely and voluntarily. If one party can show that their consent was not free (e.g., obtained under duress, undue influence, or pressure), the court may consider setting aside the decree.
3. Violation of Legal Procedures:
   If the decree was obtained without following the due legal process (e.g., the mandatory six-month cooling-off period in India was bypassed without valid reason), it may be challenged.
4. New Evidence or Changed Circumstances:
   In rare cases, if significant new evidence emerges that affects the validity of the decree, or if there is a drastic change in circumstances, the court may review the decree.
5. Mutual Agreement to Revoke:
   If both parties mutually agree to revoke the divorce decree before it is finalized or implemented, they can approach the court jointly.

Procedure to Challenge:

• The aggrieved party must file a petition in the court that granted the divorce decree, explaining the grounds for setting it aside.
• The court will evaluate the evidence and circumstances before deciding whether to allow the petition.

Limitations:

• Once a mutual divorce decree is finalized and the period for appeal (usually 30-90 days, depending on jurisdiction) has expired, it becomes more challenging to get it set aside.
• The burden of proof lies on the party seeking to invalidate the decree.

For Any Type Of Consultation Or Suggestion Call Us On +91 9211732039 / +91 9891045644. This Suggestion is Absolutely free.