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Debasis Pal   18 March 2023

Maintainabilty of divorce petition

We are separated since 2008, Regular monthly maintenance is being paid as per court order.

In the year 2010, I filed a case for Divorce on the ground of desertion and cruelty. The case was dismissed due to non-prosecution.

Can I file a fresh divorce petition?

Will the petition be maintainable?



 3 Replies

Dr J C Vashista (Advocate)     19 March 2023

Yes you can file afresh but it is required to be proceeded and may not be dismissed again and again in default for non-prosecution.

Advocate Bhartesh goyal (advocate)     19 March 2023

Yes, No restrictions,you can file afresh case.

Adv. Mohit Chahal (Advocate)     26 March 2023

Dear Querist

My opinion is different from obove other learned experts.

As per Order 9 Rule 9 of CPC, Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing afresh suit in respect of the same cause of action.

You need to show me the copy of earlier divorce petition , then only I would be able to tell you that how some facts may be extracted out of it and form a new cause of action by using time period passed since then in drafting a fresh divorce petition.

Feel free to contact for further clarifications.

Mohit Chahal
District & Sessions Court, Hisar
Phone No. 9968911099


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