Adding new ground in appeal against family court decree in divorce petition

Guest (Querist) 03 May 2015 This query is : Resolved
The divorce petition filed by wife after two months of marriage alleging impotency and mental cruelty got dismissed by family court after trial which took almost six years.

Now, can she go for appeal in high court adding separation as a new ground in appeal since the same ground was not available to her when the divorce petition was filed two months after marriage?

Otherwise, can I use the separation as new ground and go for appeal even though the present decree favors me? Or Should I file fresh divorce petition in family court citing separation as ground and go through trial?

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adv. rajeev ( rajoo ) (Expert) 03 May 2015
New ground cannot be urged in the appeal.

Devajyoti Barman (Expert) 03 May 2015
The memorandum of appeal can be amended if the case so warrants . However the new ground for divorce can not be added in appeal.

Rajendra K Goyal (Expert) 03 May 2015
Agree with the advise of expert Devajyoti Barman.

If both party agree try for mutual consent divorce.

T. Kalaiselvan, Advocate Online

(Expert) 06 May 2015
The grounds for appeal to be restricted to he judgement of lower court alone. Well if the judgement is in your favor, why do you want to go for appeal?, If you want to file divorce against her, you can very well file it on the grounds of separation and non cohabitation for a period of two years or more.

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