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M Subramanian (Manager )     22 January 2011

Seeking Divorce

I had filed the divorce under sec 13 (ia) in 2004 and was dismissed in Family court in late 2006 citing reason that there is no ground under Sec 12 .  After which I approached the High court in 2007 for remedy as the judgement was passed in a sec other than what i had filed for.  Its still not accepted by Hon. High court and in case its dismissed without admission, then would like to know if I can aproach the family court again and file it under Sec12 ( voidable marriage) ?  is there a provision to do so or is it that i cannot approach the family court again ?  pl. advice.  My marriage has not been consumated and we are not living together for the past 7 years. Inspite of having all the facts in my favor, at that she has admitted my charge of concealment of fact prior to marriage, I am not able to make a breakthrough in this.  What other options are available for me?  pl. advice.



Learning

 2 Replies

pooja (lawyer)     22 January 2011

hello sir,

i m pooja parekh  practicing in delhi.

u can file fresh application under HMA u/s. 13(1) with new ground in family court.

and its best point of u that u and ur wife not are not living together for the past 7 years.

so many judgements on this point in fever of u.

regard,

pooja parekh

Advocate


(Guest)

SIR,

KINDLY NOTE THAT

1.YOU HAVE ALREADY APPROACHED HONOURABLE HIGH COURT AGAINST THE ORDER OF FAMILY COURT.THE SAID MATTER IS PENDING .IT IS ADVISIBLE TO STRONGLY ARGUE ALL YOUR POINTS IN THE HIGH COURT.YOU MAY SUBMIT ALL RELEVENT DOCUMENTS IN SUPPORT.YOU WILL SUCCEED.GOOD LUCK.


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