Wife challenged mutual consent divorce decree in domestic violence case by filing a complaint. The Magistrate has taken cognisance of the case and issued notice to me. In the divorce case she admitted that she will not file any criminal or civil case against me and my family members. In the said complaint she has stated that the decree of mutual consent has been granted by complaint her to sign the deed. She told that I have taken her consent for divorce forcefully. In this respect she also did not adduce any evidence. However, in the mediation she has admitted that she is giving consent with her free will. All these things are with the motive to harass me. Her father is very greedy. He is behind the scenes. My father-in-law wants more money from me. I paid thirty lakh rupees as compensation. She had been demanding sixty lakh rupees. I am a software engineer and also a married person. I cannot afford such a huge amount. Please help.
Asked from: Rajasthan
The Family Court granted a divorce decree. Subsequently, the wife challenged this very decree before the Magistrate under Section 12 of the DV Act. This practice is highly impermissible. Given that the complainant freely consented to the mutual consent divorce and amicably settled all disputes, she cannot later challenge that decree before the Magistrate. Consequently, the cognizance taken by the Magistrate is bad in law, having been taken without application of judicial mind.
In these circumstances, the current proceeding is void ab initio and constitutes an abuse of the process of the court. Therefore, you should file a petition before the High Court under Section 482 of the Code of Criminal Procedure (which corresponds to the repealed Section 528 of the Bhartiya Nagrik Suraksha Sanhita) to quash the entire proceeding, as the Magistrate lacks the jurisdiction to decide the issue involved. Wife cannot challenged mutual consent divorce decree in domestic violence case.
