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Gaurav (Engineer)     29 August 2017

Divorce appeal

Hello Sir, 

My divorce appeal is pending in high court and judge oredered both parties to be present on next hearing. 

I am paying 25,000/- monthly alimony to wife and 5 year old son who is staying with her mother. 

Till now i have already paid amount ~14 Lakhs as maintenence to wife and child. 

Now, I got to know that on next hearing she will appear before the court and tell the hon'ble high court that she is ready to give me divorce. 

So, in this situation what will happend to my appeal.

Will high court pass the divorce decree or it sends both parties to session court to file joint petition under 13B ? 

I don't want to go session court again as it is apossiblity that she will take a U-Turn and don't agree to give me divorce. 

Her sole intention is to kill my time, money and age. 

fyi, I have acquitted in 498A and she has already filed appeal in sessio court against acquittal 

Please advise. 

Thanks 



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 2 Replies

Siddharth Srivastava (Advocate)     29 August 2017

In such case if both parties agree the court may direct parties to file joint petition for divorce by mutual consent and till the appeal shall remain pending and on divorce the high court will dispose the appeal as dismissed as withdrawn or the appeal stand disposed in terms of compromise. Make sure that while going for divorce by mutual consent her appeal should be withdrawn accordingly. Sidharth 9811776422

sai narayana   31 August 2017

you can convert your appeal into a mutual divorce petition in high court itself for which both parties have to move a joint memo so that you will get the 6 months waive-off. Reference: C.R.P.983 of 2016, A.P. High Court

Mutual divorce is better option vs contested/appealed divorce because the former will put an permanent end to all the past,present and future litigations in a single stroke which the contested divorce couldn't do.


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