sathya (FINANCE EXECUTIVE) 02 June 2009

Advice for getting divorce from my wife

I am in Bangalore : My case (bangalore) which is dismissed: i got married on 5 Years back e.i 2004 we lived for 8 month only and she gave birth to a child on December 2004. I applied for divorce on Sep 2005 because she was not cohabiting with me and not doing her responsibility as wife.The case was dismissed on Aug 2007 for want of proof . In the mean time she made a maintenance petition in chennai and claiming maintenace since 2006 till now. My previous lawyers was not intiating the case the way required. Now i want to reopen by case or make fresh petition. I Need a valuable advice to reopen my case and i am in bangalore so some one who can take up my case kindly reply with suggestion.

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4 Replies

Binod Kumar Mishra (Government Service) 03 June 2009

Dear Satya,

you can reopen your case. you may file a revision petition with limitation or as suggested by any lawyer. i can refer you the name of a very good advocate at Bangalore. his name is I.S.Pramod Kumar. he is expert in 498A and DV Cases.

you may told him that Mr. Mishra from Patna has referred you to meet Mr. PRamod Kumar.

V.S.R.Deekshitulu (B.Sc, B.L) 05 June 2009

Mr Satya

when ones your divorce petition was dismissed for wantof proof, you ought to have filed the required appeal or revision. Evennow you can get the same done provided you have to seek the leave of the court for condonation of delay. You cannot file another petition on the same ground.

You can file a fresh petition on fresh cause of action in view of the maintenance case filed by your wife. You have to plead fresh facts and latest developments in your marital life and why you are seeking divorce

I think u undertstood the issue

Khaleel Ahmed (Legal Advisor) 05 June 2009

Dear Satya,

At present stage you need not to reopen your divorce petition. It is very difficult to get divorce for Hindus from the Court of Law.

My best advice for you, file a suit for restition of conjugal rights against your wite at Bangalore. If your wife denies to live with you,then you both can settled the sepration matter by transfering your case to Lok Adalath.

Best of Luck