In India it became a trend that after
getting a divorce order from the court, the couples are living together as
husband and wife. It happens when the aggrieved parties who get an ex-parte divorce
or divorce by mutual consent or even a contested divorce order after some time
both the parties pacifies and continue to live as a husband and wife. Law never
denies such cohabitation but they cannot claim any legal rights provided under
the legislation.
In cases when at the early marriage time
due to the dispute between them the parties to the marriage get divorced and in
future for the welfare of children’s or on reconciliation they continue to live
as husband and wife.
In some cases to obtain foreign
citizenship the parties to the marriage divorce and marry a foreign citizen and
after obtaining the citizenship they divorce the Foreign citizen and the
husband and wife who divorce in India continues to live a life as husband and
wife. It is quite common in persons who want to get a foreign job or foreign
citizenship or settle in a foreign country.
In
such a situation the spouses cannot claim the benefits of husband and wife
relationship in any forum or in the society. Even they live as a husband and
wife. The divorce order is an obstacle to them. In future if they again built a
strained relationship then they cannot approach any legal forum to settle their
issues. The supreme court of India in Inderjit Singh Grewal Vs State of Punjab
held that when a Husband and wife obtaining divorce by mutual
consent, but continued living together. And wife filed a Complaint against husband under Domestic
Violence Act. It was held that the Complaint not maintainable as decree of
divorce subsisted.
It is a settled legal proposition that
where a person gets an order/office by making misrepresentation or playing
fraud upon the competent authority, such order cannot be sustained in the eyes
of the law as fraud unravels everything. "Equity is always known to defend
the law from crafty evasions and new subtleties invented to evade law". It
is a trite that "Fraud and justice never dwell together" (fraus et
jus nunquam cohabitant). Fraud is an act of deliberate deception with a design
to secure something, which is otherwise not due. Fraud and deception are
synonymous. "Fraud is an anathema to all equitable principles and any
affair tainted with fraud cannot be perpetuated or saved by the application of
any equitable doctrine". An act of fraud on court is always viewed
seriously as in Meghmala v. G. Narasimha Reddy
By Team Daniel & Daniel
Head Office New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.
Helpline:- 9962999008.
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