Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

How many times can a husband file for divorce?

(Querist) 10 October 2017 This query is : Resolved 
Sirs,

Usually when a divorce petition is dismissed, one has to approach appellate court seeking divorce, in divorce matters appellate court is the high court of the state.

Can a husband file for divorce again in family court on new grounds because his previous petition was dismissed without approaching the high court with same old story?

If yes, how many times can a husband keep filing for divorce in district family court ?

If yes, and once alimony petition of wife is dismissed, can she also file new alimony petition in same family court again and again? or once it is proved in case 1, which got dismissed that wife is capable of working and has source of income, she cant apply for alimony again?

Need suggestion on this matter.
Ramaswami Iyengar (Querist) 10 October 2017
It is not academic query it is real situation where divorce petition got dismissed in district family court.
Wife's permanent alimony petition dismissed because she is working woman and did not show interest in marital affairs.
I dont want to waste money going to high court. I want to apply divorce again in district family court, can I do like that? If yes, how many times I can keep doing like that?
Ramaswami Iyengar (Querist) 11 October 2017
Request learned advocates of the forum to reply.
Vijay Raj Mahajan (Expert) 11 October 2017
New grounds of divorce entitle you to file new petition in the district family court any number of time, but each time there should be new ground not repatation of the previous divorce case decided and dismissed.
The wife can also file for interim maintenance and alimony new application each time a new main petition for divorce is filled. Yes if she has income or means to maintain herself she won't be allowed any maintenance relief from the court.
Rajendra K Goyal (Expert) 11 October 2017
Divorce petition can be filed on new grounds.

Wife can claim alimony on new grounds.
P. Venu (Expert) 11 October 2017
A fresh petition lies if there is a fresh cause of action.


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


Click here to login now



Similar Resolved Queries :