Raghavendra (1) 09 August 2016

Divorce appeal in high court

Dear Experts

I have applied Divorce under grounds of Mental cruelty against my wife after she applied 498A,DV cases. And i got divorce order under Hindu Marraige section 13 (1)b and the marriage has been dissolved by a degree of divorce. Now the time for appealing period has expored last week but last week i came to know from High court website that she moved high court for appeal has been presented on 30th day of Divorce order. But till date, i havn't informed throu any notice from high court or private notice from her advocates. Only way i came to know that high court website.

Now, i collected their appeal pettion and they mentioned as "Irretrievable breakdown of marriage is not the ground for divorce". but in the lower cort they gave order is not only irretrievable breakdown and also other cruelty proofs.

Now my question is

1. If i am getting a notice after today ( after reached Appeal period) will the pettion can be accepted ?

2. Irretrievable breakdown of marriage is not the ground for divorce?

3. In this suituation, If i am going to start my second marriage by next month, will that be nullified?

Regards

Ragu

Reply Follow

2 Replies

Sidharth 19 August 2016

Check on which date she filed appeal in high court. if it is after expiry of appeal period i will advise you to remarriage before accepting of summon.

Raghavendra (1) 19 August 2016

Sir,

She applied 15 days before the expiry of appeal ( Assumed 90days is appeal period).

But till date ( now its almost 120 days) i havent received the notice either from High court or Private notice from her advocates. I came to know her appeal through High Court case status (website information) only. Post to that our advocate knows the same and after that only collected her appeal pettion.

Will this case can be dismissed based on non indimation of appeal within expiry period or will it be accepted? If it is accpeted will they drag the case for more than 2,3 years?