(Guest)

Can respondent file for divorce while appeal pending in hc?

After 7 yrs trial, the family court dismissed the divorce petition filed by wife on ground of impotency and mental cruelty. I've got medical certificate in my favour from medical board on court order.

Now she has gone for appeal in High court. So, can I file for divorce on ground of separation / mental cruelty in FC during the pendency of appleal in HC?

What I can do to speed up the appeal in HC?

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4 Replies

Vijay Raj Mahajan (Advocate) 12 March 2016

Yes you can as this will be your petition for divorce and you are nor barred by the High Court not to file any petition for divorce against your wife.

A walk alone (-) 12 March 2016

Yes you file divorce. I can't understand when you both want divorce then why dnt you go mcd. You have already waste 7years now better go mcd instead of going divorce contested.