Upgrad LLM

divorce appeal


Hello Experts,

My divorce petition was dismissed by the lower court. The reason sighted by the Judge was that I failed to provide any evidence on the cruelty part that I had mentioned in my petition.Do I have have sufficient grounds to appeal against this order in the Mumbai High Court.Till now I have met two Advocates, the first one is of the opinion that there is a high chance that my appeal will not stand since I did not prove the cruelty part in the trail court.The other adavocate is of the opinion that there is a fair chance that the appeal can be contested on the point that the Judges might consider the seperation period(approx 1.5 yrs) and my age(36).
I also want to know what is the time frame for disposal for such Divorce appeals.

Thanks

 
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N.A

There is no time frame for disposal for such Divorce appeals. you said that you was not able to prove cruelty. Is there is any case filed by your wife have you claimed that case as false and as a part of cruelty.

Any complaint to women cell or something like that.

 
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anything possible can only be said after looking at the recod of the lower court.

 
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Advocate

The trail family court decided that you failed to prove the ground of cruelty by sufficient evidence and there was no other evidence to show desertion of more than 2 years on the part of opposite party when the divorce petition was presented.

The appeal in High Court will fail miserably unless you seek help of High Court for letting the matter be referred to mediation and conciliatory centre for amicable settlement of the dispute by divorce by mutual consent between both parties.Agree to pay huge sum of alimony for making her agree for divorce by mutual consent.

 
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You need to file an appeal within 90 Days of the date of order. There could be two possibilities. 

1) The Learned Family Court did not consider your evidence.

or

2) You did not lead any evidence on cruelty.

If it is case no 1, then chances are high that your appeal may succeed. However if it is case no 2, your appeal is bound to fail.

Unless the Advocate reads the file, he will not be able to suggest. As suggested by Mr. Vijay R Mahajan, after filing of appeal, you can request the high court to send the matter for mediation and settle the  matter amicably.

 

 
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N.A

Can you upload the order here for more accurate replies??????

 
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Hi nikhil you have appeal in high court in next 90 days which was star when your order passed and you got copy from court or which on e  will be first

their some chance when you submit your avidence in lower court he could not check or not on good way by you or not match by your alligation which you give in written to court 

so file appeal in high court if oyu want and collect some relevent proof for you case which was support to your matter and than go ahead 

thanks 

 
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