Upgrad LLM

additional ground in a pending appeal

Assistant

Dear friends,

I am in need of urgent help. In 2005, I had filed a divorce case on grounds of desertion. Before it, my wife had implicated me and all my family members in a false dowry case. Since the dowry case was pending, my lawyer advised me not to take ground of cruelty at that time. 

Being abroad, I was not able to handle my divorce case properly and the trial court denied relief in 2008. Throughout the period when the divorce case was pending, my wife strategically delayed the dowry case on one pretext or other knowing that the falsehood would be proved and I would be given divorce. Ultimately, the dowry case was proved to be false in 2009.

Against the order of Family Court, I approached High Court  in an appeal (on the ground of desertion). Also, after proving that the dowry case was false, I filed a separate case on ground of cruelty but the family court rejected it stating that the ground of cruelty was available to me in 2005 and I should have taken it alongwith ground of desertion, and that now it is barred under Order 2 Rule 2 CPC.

Some of my friends have advised me to request the High Court for taking additional ground of 'cruelty' in the pending appeal of 'desertion' case. However, I am not able to convince my lawyer properly in absence of any supporting judgement.

I therefore request all of you to please:

1. Let me know any relevant judgement, if somebody happened to come accross.

2. Let me know under which Section/provision can someone request the HC for taking additional ground of cruelty in a pending appeal.

All help would be highly appreciated.  

 

Kind regards,

 

Rajesh

 

 
Reply   
 
propra

Any other grounds of fault theory, e.g. cruelty as you queried,  probably from 2003 (start of so called desertion) upto year 2008.. may not be allowed to allege now.

 

 

You lost the chance.. you waived it ...

 

 

Anything before 2003, it is challengeable due elapsed time.

 

 

If you want go in same court  again .. then you have to find ground for duration ... after 2008.

 

 

you may investigate why relief denied and where your efforts lacked... and are there any question of law and facs in judgment a... better to go in appeal..

 

 

but in appeal ......... new grounds may not be added ... without leave of HC ... it all requires the exceptional case and such circumstances that ... e.g. new discoovery of evidence are giving rise to new grounds etc!!!....

 

there is no easy answer here.

 

HC has all powoers ... even to hear new evidence ... ....  but deference is given to lower court judgment, unless it is a exceptional case.


Total likes : 1 times

 
Reply   
 


LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x