Divorce decree not granted
Querist :
Anonymous
(Querist) 16 May 2024
This query is : Resolved
1) I am living separately from my wife since 2012. Although I was living in a separate house away from my parents.
2) I have filed a case u/s 9 of Hindu Marriage Act for resuming conjugal life. In written objection she refused to resumed conjugal life.Seeing no hope I withdraw the case.
3) I send letters to her to resume conjugal life.
4) On 2015, I filed divorce case.
5) On 2016 she filed 498A case.
6) On 2022, I move before High Court for expeditious trial. HC has passed the order.
7) During examination she clearly stated that she will not live in the house where in laws reside.
She received letters form me.
8) During cross- examination of me, I accepted that I have relationship with another women after saperation for some time.
9) During cross examination of my neighbour witness, he has stated that
a) During my absence her boyfriend used to live at night in my house.
b) Her boyfriend was roped with lamppost & slapped by neighbors.
c) She misbehave with parents of me.
7) On 2024, district court rejected divorce petition stating that there is no ingredient of cruelty & desertion.
The district court On its order did not mention any incident stated by me, but only stated that it is rejected since I was in relationship with another women before divorce.
I have filed the divorce petition based on facts before presenting the divorce petition. But the court refused to consider facts happened before divorce petition. Court passed order upon facts after divorce petition.
Please advice.
T. Kalaiselvan, Advocate
(Expert) 16 May 2024
The district court has not justified in its judgment if what you say is correct, however further comments on the judgement cannot be made without seeing the judgment copy.
You have rights to prefer an appeal agaisnt the judgment of the family court before high court and express your points clearly in the memorandum of grounds for appeal.
Querist :
Anonymous
(Querist) 16 May 2024
The court also stated that all allegations of 498A IPC chargesheet is TRUE. 498A IPC is pending in another court, till date charge is not framed. My advocate will file discharge petition on the ground of limitation period.
Can ADJ court has so excessive jurisdiction to make written comment over pending judicial matter of other court before trial ?
T. Kalaiselvan, Advocate
(Expert) 16 May 2024
From your contents it appears that the court which tried your divorce case has proceeded beyond its jurisdiction.
πΈπ ππππ ππππ, πππ πππππππππ’ πππ πππ ππππππππππππ ππ ππππππ πππ ππππππ πππ ππ‘πππππ πππ ππππππππππ ππππππππππ ππ ππππ ππππππππππ’ π πππππ ππππ ππππππππππππ.
This can be considered as ultra vires.
This is a fit case for appeal
