Restoration of civil appeal
vikas raj sharma
(Querist) 21 July 2015
This query is : Resolved
sir,
my divorce case was dismiss by trial court,after that i filled appeal in high court. by intervention of court both parties reach a compromise. i paid permanent alimony within court room. after that honable high court set aside trial court judgement and change original appeal u/s 13 to u/s 13b and remand back the case to trial court for further proceedings. now my question is if respondent wife go away from compromise than can i go to high court again to re institute my appeal?
M/s. Y-not legal services
(Expert) 21 July 2015
it is mean now you have to forget about your appeal and second appeal matters.
just think like now only your divorce proceeding is beginning. if she not cooperate from you have alternative remedies by filing fresh divorce petition..
M/s.Y-not legal services,
pil4yu@gmail.com
08754014990
M/s. Y-not legal services
(Expert) 21 July 2015
even there is few citations that consent at the time of filing is enough to decreed the petition.
your same doubt, i met as a problem with one of my case., also succeeded in my case.
dont worry sir. your advocate will take care of your case
M/s.Y-not legal services,
pil4yu@gmail.com
08754014990
T. Kalaiselvan, Advocate
(Expert) 26 July 2015
The high court has remanded the mater to trial court for trial under section 13B, if she is not cooperating in the trial court asper high court direction, especially after receiving the permanent alimony, you may even file a contempt of court against her besides approaching high court against the dismissal of lower court's decision with regard to fresh 13B case due to her non-cooperation.
