Pleading for new relief in appeal

 



Guest (Querist)
08 June 2019

The divorce/annulment petition filed by wife on ground of my alleged impotency got dismissed after trial since I got medical certificate in my favour from the special medical constituted by court order on my application for my potent test. Then she filed appeal in HC against family court judgement. As per my advocate it will also got dismissed based on the same medical certificate. Now the issue is that I don't want to continue this relation after all such allegation and litigation, and want to get divorce on grounds like irretrievable break down. So, can I plead for divorce on new ground in counter for this appeal or should I wait until the appeal got dismissed? She is not ready for mutual divorce.



KISHAN DUTT RETD JUDGE (Expert)
08 June 2019

Dear Sir,
Generally such counter claim may be accepted only if other party that is your wife has no objection. Further you have a right to file new divorce case on the grounds proposed by you and it will be ended in within few months. Second option is you may enter into mutual divorce and file the same through MoU before the High Court and get end the marriage legally.

Please mark “LIKE” if satisfied by my answer.

SHIRISH PAWAR, 7738990900 (Expert)
08 June 2019

You may file mutual consent divorce application in high court. High court may grant divorce as high court has vast powers.



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