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.