Reapply divorce
Dr. Shekhar
(Querist) 12 March 2014
This query is : Resolved
Sir/Madam,
I filed the contested divorce case but could n't pursue as was to go overseas because of job reasons and so it was left as it is.
Now can I again file a new application of the contested divorce?
Thanks
Regards
Rkumar
ajay sethi
(Expert) 12 March 2014
yes you can file for divorce again . contact your local lawyer . you can file it on other grounds based on legal advice
Dr. Shekhar
(Querist) 12 March 2014
So you mean to say that there is nothing bad consequences if one files the case but couldn't pursue as has to go overseas. That case gets expired ? and i can file again same case or new case on my return to India ?
Devajyoti Barman
(Expert) 12 March 2014
What is the fate of your earlier suit? Unless it is dismissed for default, you can not file a fresh suit.
Dr. Shekhar
(Querist) 13 March 2014
The fate of last one is that since I was overseas neither I could not appear and neither the advocate appeared. Now I believe that it must have been dismissed after 3 -4 non appearances.
So in this case assuming that it must have been dismissed, can i file afresh?
ajay sethi
(Expert) 13 March 2014
check the records of family court . obtain certified copy of order . show it to your lawyer and then file for divorce again as per his advice
T. Kalaiselvan, Advocate
(Expert) 13 March 2014
You can do any one: 1) File a fresh case enclosing a certified copy of the dismissal order and quoting reasons for not pursuing the previous case; 2) You can reopen the previous case by filing set aside petition along with a petition to condone delay in filing the said set aside petition.
