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Stay on execution of dismissal (Family Law)

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This query is : Resolved


Author : Rajan

Posted On 07 April 2013 at 16:25

Dear sirs,

The husband petitioner divorce petition on Divorce Act has been dismissed. The aggrived petitioner shall prefer an appeal over the district court dismissal of petitiion.

Can you please advice

1. if the petitioner husband should file a petition under Order 41 Rule 5(2) immediately in the district court and apply for first appeal in the high court.

2. is it a procedure that respondent wife shall have to apply for restitution of conjugal rights based on the petitioner husband dimissed petition

thanks for your advice




Expert : prabhakar singh

Posted On 07 April 2013 at 16:41

When you people can not tell even facts,why
start referring law?

Who are you?

Client or advocate?




Expert : raj kumar makkad

Posted On 07 April 2013 at 16:43

How can an expert anticipate about the facts of the case which he never contested and the facts of which were never told to him and thus how he can suggest you the desired path to be adopted?



Expert : ajay sethi

Posted On 07 April 2013 at 16:49

why was the petition dismissed ? what were grounds of dismissal ?



Expert : Sudhir Kumar

Posted On 07 April 2013 at 17:04

vague query.



Expert : Devajyoti Barman

Posted On 07 April 2013 at 17:49

not clear to me as well.



Expert : V R SHROFF

Posted On 07 April 2013 at 19:18

"Who are you?

Client or advocate?"
Pl Reply this Q of Shri Prabhakarji



Author : Rajan

Posted On 07 April 2013 at 20:05

Dear Sirs,

I am a PArty-in-Person

The divorce application was filed 13 years ago based on the hospital docuementary evidence and other evidence on the following grounds "dissertion, creulty, pregnancy before marriage and adultery" in the Divorce act professing christian religion

For all the 4 charges enough documents were submitted to the Hon'ble court, the respondent wife didnt submit any document that was in her possession and have agreed many issues in the petition but have declared against the petition in the deposition. Her charges were dowry,creulty for which she didnt submit any evidence but accepted that there was no dowry or creulty in her deposition

However the Hon'ble Judge with his wisdom had dismissed the petition yesterday evening at 1930 hrs.

Whiel checking on the experts advice on this topic, i found the following and hence the advice was sought from experts:

Can you please advice

1. if the petitioner husband should file a petition under Order 41 Rule 5(2) immediately in the district court and apply for first appeal in the high court.

2. is it a procedure that respondent wife shall have to apply for restitution of conjugal rights based on the petitioner husband dimissed petition





Expert : Devajyoti Barman

Posted On 07 April 2013 at 22:22

1. First appeal lies in the high court.
2. It s her wish whether to apply for RCR or not.



Expert : raj kumar makkad

Posted On 07 April 2013 at 23:16

You are required to file an appeal before high court without moving the desired application and your wife can file the discussed application if she wishes.



Expert : Adv k . mahesh

Posted On 08 April 2013 at 15:03

yes first appeal lines before the high court


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