Application under sec13b

vikas raj sharma (Querist) 04 September 2015 This query is : Resolved
sir, i filled divorce petition in session court which was dismissed. after that i filled an appeal in high court. by intervention of honable high court we reached a compromise and i paid permanent alimony in high court. the honable court asked to file application to change the original application under sec13 to sec13b and also an application under 13b. we did so. after that our case has been remand back to trial court. also the high set aside the trial court judgement. but only record file has been sent back not the application which we both filed under 13b. we both appear for three time before the trial court, now my question is can filed a fresh application under 13b in trial court or what should i do so that my application which i filled in high court reach to trial court?

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malipeddi jaggarao (Expert) 05 September 2015
Your advocate will take care of this technical problem. He can ask for the record from High Court.

Rajendra K Goyal (Expert) 05 September 2015
Your Lawyer can inspect the file to find out whether the same is in the file or not.n

V R SHROFF (Expert) 05 September 2015
YES, YOU CAN FILE 13B , AND IT WILL BE DECIDED IMMEDIATELY. NO NEED TO WAIT 6 MONTHS.

R.K Nanda (Expert) 05 September 2015
nothing to add.

ADV-JEEVAN PATIL, MUMBAI (Expert) 05 September 2015
Male application in trial court whether fresh application under sec 13b needs to be filed afresh.Better ask your lawyer to check the record to confirm any ambiguity

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