Woman Approaches Gujarat High Court After Three Years Of Mutual Divorce Alleging Consent By Fraud

A woman from Ahmedabad has approached the Gujarat high court challenging a divorce decree obtained with mutual consent and claimed that she was made to sign divorce papers while she was heavily intoxicated under drugs to treat her severe depression.

However, the woman has challenged the divorce after three full years from the decree date.

Case:

The woman lives in Ahmedabad, while her (ex) husband lives in Muscat, Oman. The couple has a nine-year-old daughter, who lives with the father.

In this case, marriage took place in 2010 and the duo were living in Muscat. The woman claimed that she was suffering from severe depression and her husband brought her to India in November 2015 for treatment. She knew that a return ticket had been purchased too. 

Allegations by Woman

The woman alleged that she was made to sign an affidavit and divorce petition while under the influence of medicines. She did not know this. On the day of departure, the husband went to Muscat with the daughter.

In 2016, the divorce decree was drawn. According to the woman’s complaint, despite agreement on visitation rights she was not allowed to talk to her daughter, and the high court ordered the man to allow her to do so.

Divorce Challenged

Three years later, the woman challenged the decree alleging fraud. The husband disputed this claim. The court questioned the veracity of the claim as the parties are required to sign on the affidavit seeking divorce through mutual consent before the court.

The court also said that a civil suit ought to have been filed in this case and an appeal is not maintainable. The court added that the woman should have been advised properly when she had sought aid from HC authorities. The HC posted further hearing after Diwali vacation.

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