Re- divorce
AJIT KUMAR
(Querist) 30 July 2013
This query is : Resolved
Dear Sir,
I am fighting for my divorce since last 8 years. In short... I was married from Kerala, I filed divorce case in U.P (living state), they approached Hn'ble Supreme court and the case was transferred to Kerala. Meanwhile they filed 498a after 8/9 months after I filed my case, also filed another for maintenance, all in Kerala. I am since then travelling on dates. The divorce petition was dismissed by Kerala court after sometime. Recently I again filed divorce petition in U.P in December, 2012. They have again appeared before Supreme court urging for transfer. Can anybody give me a right direction to get divorce ?
Also, please let me know CAN my mother file a divorce case on her (as she was also named in 498a case).
Deepak Nair
(Expert) 30 July 2013
If the divorce petition is dismissed, you need to go for an appeal. One case cannot be filed again and again in same court.
How can your mother file a case of divorce?? do you mean to say that she wants to file a case on your behalf?? Please clarify.
AJIT KUMAR
(Querist) 30 July 2013
Dear Deepak ji,
I saw below discussion in this forum, so I asked you this:
QUOTE:
This case will give relief to those mother in laws who are being harassed by their daughter in law.Now Mother in law can file DV.
Refer to the below given case
Delhi High Court
Kusum Lata Sharma vs State & Anr. on 2 September, 2011
UN-QUOTE.
Please advise.
Adv Archana Deshmukh
(Expert) 30 July 2013
Your mother cannot file a divorce case against your wife bcoz she is made an accused u/s. 498A case.
AJIT KUMAR
(Querist) 30 July 2013
Dear Deepak ji,
Can you advise me.. is there any way/law to get divorce in this situation.
Thanks/Ajit
AJIT KUMAR
(Querist) 30 July 2013
Thank you madam,
Can you advise me.. is there any way/law to get divorce in this situation.
Thanks/Ajit
Adv Archana Deshmukh
(Expert) 30 July 2013
The case of Kusum lata Sharma quoted by you is not a divorce case but a case under the domestic violence act.
Adv Archana Deshmukh
(Expert) 30 July 2013
And yes, you can file an appeal against the previous judgment. Also talk to your lawyer if the ground of cruelty is made out. If you get acquitted in 498A case, it will be considered while deciding cruelty against you.
AJIT KUMAR
(Querist) 30 July 2013
Thank you madam.. it will be helpful to me.
AJIT KUMAR
(Querist) 30 July 2013
Regarding 498a, the court had acquitted us all recently. But as already told they appeared in Supreme court to transfer the case to Kerala. Do you think this would be helpful while defending my divorce case in Kerala.
Deepak Nair
(Expert) 30 July 2013
Yes. The acquittal on merit will be of great help in your case.
But, I don't think that a case for divorce is now maintainable as the dispute is already decided by a competent court of law. Instead of filing another case, you should file an appeal against the order of dismissing divorce petition.
AJIT KUMAR
(Querist) 30 July 2013
Thank you very much sir. I will take a note of this and talk to my lawyer.
Thanks/Ajit
Rajendra K Goyal
(Expert) 30 July 2013
Well advised by the experts, nothing more to add.
Deepak Nair
(Expert) 31 July 2013
Thanks to the affirmative answers by learned experts. Hope the querist is satisfied now.
AJIT KUMAR
(Querist) 31 July 2013
Yes sir,
thank you very much.
Ajit kumar
