Whether fresh divorce case needs to be filed on fresh cause of action?
Raj
(Querist) 21 April 2017
This query is : Resolved
My brother and his family members have been framed under false 498-A/406 Case. My brother filed the Divorce case in family court and pleaded all instances of cruelty, which was dismissed in the month of March 2017. SUBSEQUENTLY, he and his family members get acquitted under 498-A/406 charges as prosecution miserably failed to prove the charges
Against Divorce order of family court, he is filing anappeal before the High Court under F.A.O but in divorce case, he could not place the acquittal order before the family court
In that scenario, what should be advisable?
1 Whether he should file the fresh case before the family court on the basis of the acquittal order as fresh cause of action has taken place?
2 Or he should file the Appeal against the family court under FAO and simulatenously file the frsh Divorce case before the family Court on the basis of acquittal Order?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 21 April 2017
1. If whatever you explained is corret n your brothers divorce is not accepted, go in appeal 2. Yr case will be now stronger since acquittal under 498A n 406.
Dr J C Vashista
(Expert) 22 April 2017
What is the opinion and advise of the lawyer of your brother who had contested and successfully defended the case u/s 498A/406 IPC of your brother and his family? Did you loose faith in him (lawyer of your brother)? Why are you so much perturbed in such circumstances of your brother?
Reply to your questions is affirmative in both scenario(s), he may refile afresh suit and/or submit an appeal challenging the orders of Family Court.
P. Venu
(Expert) 22 April 2017
There is also the option to seek review in the light of the acquittal in the 498A case.
Raj
(Querist) 22 April 2017
Thanks for advice,
If file the fresh suit in the same family court on the basis of acquittal order, then can we simultaneously challenge the previous order in High Court otherwise the previous order will become time barred( 90 days time)?
if in case the second suit will again dismissed, can we challenge both the orders in the same appeal?
Raj
(Querist) 22 April 2017
P. Venu Sir,
can we seek the review of the HMA order in the light of acquittal, if yes, under which provisions it is acceptable??
