How can we challenge an order/decree passed u/s 13B of Hindu Marriage Act
2 years ago
A mutual divorce was filed with consent, even the decree has been passed in it, now i am worried and dont want to get divorced. is there any way to challenge the order?
A.Dear Client
A decree passed under Section 13 B of HMA or the mutual consent divorce cannot be challenged unless it is proved that the consent was not free but forced and/or there were some misleading or fraudulent situation leading to the filing of the case.
A decree passed under Section 13 B of HMA or the mutual consent divorce cannot be challenged unless it is proved that the consent was not free but forced and/or there were some misleading or fraudulent situation leading to the filing of the case.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Usually mutual consent divorce decree cannot be challenged because such dissolution of marriage by mutual consent is final and binding upon both the parties until and unless the consent to mutual divorce was not obtained by force, fraud, coercion or undue influence. If your consent was obtained by undue influence,then you may file appeal within 90 days from the date of the decree under Section 28 of the Hindu Marriage Act, 1955, as amended up to date, however, the Hon'ble High Court allows it in most rarest cases as was done by Allahabad High Court in a case.
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