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Nitin   14 January 2022

Divorce case dismissed

From last 3 4 dates I was not able to attend court or my lawyer. Today I saw judge had dismissed my case which was going on from last 6 years. When I appeared judge said nothing can be done now, I have already signed it.

Please let me know what can be done now and what risks I have now as in wife can enter home or anything like that.



Learning

 16 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     14 January 2022

What is the opinion of your own counsel? Is he advised to move an appeal?

Nitin   14 January 2022

i am not sure, he has called me tomorow and said that we will send notive again. So, I am not sure whether he knows this case can be revoked somehow. Please guide.

Dr J C Vashista (Advocate)     15 January 2022

Your counsel is the only and best person to interpret the decision of the court and advise for further action.

Nitin   15 January 2022

yes i totally understand sir but just curious to know -

1. if the dismissed case can be reopened or new case needs to be filed, if there is any such provision

2. whether my wife now can enter my house because she will create rukus if such thing is legally possible now

P. Venu (Advocate)     15 January 2022

You may explore the options for restoring the petition. In the alternate, you can file a fresh petition if there is a further cause of action.

Anubhav Tyagi   15 January 2022

file a restoration application if the case has been dismissed in default.

1 Like

Nitin   15 January 2022

sir my main concern is that whether she can enter house now with case dismisal. because my parents do not know all this and if they came to know when she tries to enter they will first hang me :)

P. Venu (Advocate)     16 January 2022

There are, certainly, deeper issues. Please post complete facts. Why you need to keep away from your wife just because of the likes and dislikes of your parents?

Nitin   16 January 2022

This dismissal happened becaue of me not able to attend court or the lawyer and the case is going on since 6 years without moving to any considerable stage, It was at my evidence stage and I was not able to attend court since last 3 4 dates because of job or health reasons. I have hidden this fact from parents. Can you understand how much shock they will be in. I have filed case on basis on mental crulety, flse cases sucide attempts all happened. Cutting long story short. She is demanding 50 lacs or let the case go on life long. I am already in debts and loans, can't pay 5 lacs even 50 lacs is far far away from my reach. Now if she comes with 10 15 relatives and try to enter home... again same things police station visits, running away from police.That's why I am worried about same episodes which were happening about 8 years back will start to happen again.

Anaita Vas   17 January 2022

According to Rule 4, the plaintiff can file a new suit in the court of law if he is able to satisfy the court that there was a sufficient cause for his non-appearance in court.

Thus, you can file new suit and give valid reasons regarding your job and health along with proof if any, so that the court is convinced and your case moves forward.

 

Regards,

Anaita Vas

 

 

Nitin   17 January 2022

Thank you, plz also answer my main concern

if she comes with 10 15 relatives and try to enter home... again same things police station visits, me running away from police for no fault of mine. I am worried about same episodes which were happening about 8 years back starting to happen again because after 50 minutes staying with me she finds out some or other reason to start a quarrel and convert it to war.

Dr J C Vashista (Advocate)     18 January 2022

Apprehensions / presumption cannot be granted any relief.

Nitin   18 January 2022

With all due respect, direction of query should be kept in consideration if any expert is giving reply. People are already troubled by system and things lost in technalities any blames or allegations puts them further in depression.

Deepak Yadav   18 January 2022

Apne council ko bolo ke case restoration ke application dai Case use stage sai reopen ho jay ga

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