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Alok (Director cashless)     31 January 2014

Divorce case related

In a divorce case the other party gave an application stating that they are withdrawing the case due to some problem from the side of petitioner and they would require a permission to file the case in future. On this my advocate argued that either the case had to be not pressed or we would be filing the objecction on the application and we would require some time for filing the same objection. On this the advocate of my wife told that they are withdrawing the case and wrote "Not Pressed" on the order sheet. But since the point about filing the objection from our end was written by my advocate on the application the court gave us time to file the objection. On the next date my advocate got ill and was not able to go to the court. So i gave an application stating that we would require the next date to file the objection. We even gave in the date for filing the same. But the judge ordered that since the time was given for filing the objection but my advocate was not present therefore he dismisses the case and gave a window to my wife to file the case again.

In this case the statement of my wife had been recorded.

So here my question is:

1. What is the meaning of "Not Pressed"? Can a case be opened even if it is "Not Pressed"

2. If the case is "Not Pressed" why did the judge gave a window to file the case again. If "Not Pressed" means that the case cannot be filed on the same grounds then what is the meaning of judge giving this judgement

3. Should i go to the high court for getting the directions?



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