Divorce case

SATYANARAYANA K (Querist) 28 October 2012 This query is : Resolved
I filed Divorce case under Section 13 (1) (ia)(ib) of Hindu Marriage Act, 1955

While trial Showed only separation 8 years, respondent also admitted separation 8 years, but petitioner failed to prove cruelty, hence The Hon'ble Judge dismissed the same

My Queries:

May i file again Divorce case under ground of separation only before the same court.

If i file Revision, the judge may be dismissed the case.

Kindly give advise dear experts.

I will be waiting for your valuable reply

Follow Query

Report Abuse

R.K Nanda (Expert) 28 October 2012
file appeal and not revision in high court against the said dismissal order.

u cannot file divorce petition on same grounds again .

Devajyoti Barman (Expert) 28 October 2012
Separation of any amount of time is not a ground for divorce. It is the desertion of 2 years which is a ground.
Go for appeal.
Filing a new on the same cause of action is barred by law.

ajay sethi (Expert) 28 October 2012
did you make out a case for mental curelty in the petition . it is necessary to go through the evidence led by parties order passed by family court to advise . since you have engaged a lawyer go by his advise

or consult another lawyer and show him the complete case papers . if you are aggrieved by the impugned order file appeal

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now