Section 25 case filed after 13B Mutual Consent Decree Section 25 case filed after 13B Mutual Consent Decree

1 year ago

We got married in July 2019 and the My MCD judgement decree by mutual consent was granted on 6th October 2022. Wherein the Wife agreed voluntarily to relinquish her entire rights (As per points mentioned in decree - Wife(Petitioner 1) has received utensils & gold from Husband(Petitioner 2) and Wife(Petitioner 1) has not claimed any permanent alimony and has relinquished her entire rights of Maintenance, Permanent Alimony and also over the properties). The above sentence is as drafted in the decree provided by the Judgement granted on 1st October 2022. In the decree she has mentioned it is her voluntary decision and has pleaded for dissolution of marriage by mutual consent and signed the copies accordingly that no force, no coercion and it is her decision for signing the mutual consent in the judgement papers.
However, on 1st week of April 2023, she has filed a case under section 25 for permanent alimony stating that she was forced, coerced, harrased by husband (Petitioner 2) to sign the decree and approached the cour
t for Permanent alimony. Will the case stand and how to proceed. She is no longer my wife after the decree is passed and why should I fight a case under section 25 as she is no more my wife now. Please guide and suggest

Anik

Responded 1 year ago

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A.Hello,
As per the information given by you, For the interest of justice it is advisable to you to carry on with the case otheriwise choice is yours.
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