Can i file divorce in high court??

You cannot bypass the trial court.

Section 10 of the Hindu Marriage Act does not provide any time as to how long judicial separation can last. But section 13 of the Act provides that if there is no resumption of co-habitation between the parties one year after the decree for judicial separation is passed, the parties can get a decree for divorce on this ground itself.

If the parties fail to overcome their differences within this period, then there is no meaning in allowing the legality of the marriage to just linger on the matter

Hi Thanks for your Reply Sachin.

Previous judge in the trial court was suspended due to some reasons and there is no trail court Judge available at this time.. only part time judge coming some times from the another court very rarely..

My opposite party approached High court for dismissing the Judicial separation which is given by Trial court.. Same is pending in High court.  I have not appeared in this.

Can i appear in the petition filed by my wife and seek divorce directly ? or that will be limited upto judicial separation..

If The trial court judge not available then can i apply divorce directly in the high court?

Thanks

Ssp

You should have appeared in judicial separation appeal case filed by the opposite party in High Court and contested the appeal.  Engage an advocate and file reply to appeal in High Court.  Unless appeal is dismissed by the High Court, you cannot get any benefit out of the decree of judicial separation granted to you by the lower court.  Ideally, when you were granted judicial separation decree and the opposite party approached the High Court in appeal, you should have challenged the appeal and also filed counter claim for divorce.  Engage an advocate and take suitable action now.  There is no need to file divorce case right now so long the appeal filed by the opposite party is pending in High Court. 

You may act upon the advise of Mr. Samarpan.

iF jUDIVCIAL sEPERATION COURT SEES IS THERE ANY POSSIBILITY OF RAPPOACHMENT BETWEEN HUSBAND AND WIFE. oR THE MARRIGE HAS BEEN IRRETRIEVABLY BROKEN.,AND THERE IS ABSOLUTELE NO COMPATIBILITY BETWEEN THE TWO.rcr LSO MAY BE FILED  FROM EITHE RSIDE. eVEN IF IT DOPESN;T WORK OUT  fIANLLY COURT WOULD  GRANT DIVORCE TO THE PARTIES.IF YOU APPRECIATE THIS ANSWER PLEASE  GIVE ME ALL  MY PROFILE LIKES.

Hi Samarpan Sir,

Thanks for your reply..

I got a judicial separation decreed from lower court on Nov-2015.. and opposite party File an appeal in high court on March 2016.   But still case Status is showing  "Pending"..  Please suggest me the followoing..

 At this stage Can i challange the appeal filed by opp party? (or) is there any time limit ??

I can also counter claim the divorce in the same time.. (or) do i have to wait until the above petition get disposed ?

Regards

SSP

You can challenge the appeal now  itself in High court by filing  a counter.before  the appeal is disposed off. In Divorce case also you file counter and contest the divorce petition.before the petition is disposed off. If you appreciate this answer please give me all my profile likes.

 Whether you received notice in HC appeal?  If you received notice and did not appear on the designated date, then you should file reply to appeal in High Court and if time is barred to file reply, then also file the reply along with condonation application.  Further, file counter claim in the same appeal seeking divorce, which was your initial prayer before the trial court.  Actually, 90 days time limit is there to file this counter claim for divorce from the date of the judicial separation decree.  If 90 days is over, then also file counter claim for divorce accompanying with condonation application.  For all these things to be done effectively, you require to engage an advocate.

Rightly adviced by Adv Samarpan,

Agreed with Mr.Samarpan.

Hi Samarpan Sir and All,

Thanks for your suggestions and clarifications.

I am looking for an Advocate who can deal my Matters with the above situation in Hyderabad High court ( State of Telangana and Andhra Pradesh) as followng..

1.  I received notice from HC on March 2016 filed by Opposite party seeking to dismissal of Judicial separation orders given by Trial court. But i have never respond. So we need to file a reply along with condonation application.

2. Counter claiming the Divorce.. ( I got judicial separation orders by Trail court on Nov 2015.)

If any Adovcating practicing in HYderabad High court and interesed to deal my matters please let me know for further discussions..And drop me the number and suitable time for calling..

Regards

SSP

Mr. SSP,

Hope you shall take it positively.

NO lawyer worth his/her salt may contact you to take up your case.

As a client you need to call and contact.

If you wish to search in LCI databank you can search at link sprovided by admn of LCI e.g:

https://www.lawyersclubindia.com/lawyers_search/

LCI Expert Mr. P.Janardhan Reddy is a senior counsel from Hyderabad.

If you wish you can benefit from his counsel.

You may wait for advise of othger members/experts.