Challenging family court/ judge decision


Had filed a divorce case against wife in 2004 on the basis of cruelty, withdrew the case in the larger interest of family in 2006 with court permission to file a new case. Court then had ordered to pay the maintenance in full before filing a new case. Tried to resolve the dispute for four months but all in vain. Then after 4 months filed a new case with same facts, on the basis of cruelty and desertion. And now after seven years of court procedures and proceeding, the court has dismissed the petition, reason :-

1. Since the new petition has been filed with the same facts of cruelty, the cruelty facts were condoned.

2. Since the wife was alwyas ready to go with the husband in her matrimonial house as mentioned  in her pleading, ws, and witness. 

3. The court didnt pay attention to the plea of the husbands  "uncrossed statements", "the earlier petition was withdrawn in the larger interest of the family and reunion so the acts of cruelty were not condoned"

The judge has taken the one side view of the case and have not interpreted the facts properly.

What can be done now ?

Can we complain against the judge for his negligence and irresponsible behaviour.

If yes, where and how ?????

 

 
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Fighter

Why did you take back case without written settlement ??

 

What was your stand when wife's lawyer pleading that she is ready to come back to you ?

 
Reply   
 



1. Had taken back the case to reconcile with her. It was duly noted by the judge and mentioned in the order also that " the petitioner want to take one more chance to reconcile with the wife so he is given permission to withdraw the case but he would not be able to file a new case without paying all the due amount u/s 24."

Actual intention was to put the "desertion" ground also in the case which was not there in the first petition ( 2 years separation did not complete then while filing first petition.)

2. When the lawyer asked (during second petition) I told him that I  was ready to take her then in year 2006 when I had withdrawn the first petition but she did not reconcile then and now since seven years have elapsed I don't want to reconcile with her and need divorce"

PS : When the First petition was withdrawn, the case was in "issues framing" stage.

 
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