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Victim of Greed (Worker)     13 September 2014

Regarding family court appeal

Hello Experts,

Myself, the Petitioner (appearing in person) had filed my divorce petition in the family court at bombay, on the grounds of cruelty and desertion as the respondent had left the house on her own and is not willing to come back even after repeated attempts made by the petitioner. The said statement is mentioned in her police station complaint. However, the Judge had dismissed my divorce petition. I have now filed my appeal to the judgement in the Bombay High Court.

Now, my questions are :-

1. If the High court also dismiss the case, is it advisable to approach Supreme Court ? I have learnt, there are chances that only supreme court can grant divorce as the respondent has left the house on her own and has not come back even after 5.5 years.

2. Apparently, she has filed DV case in the Magistrate court at Kalyan (but does not have any evidence to prove any sort of domestic violence had taken place) and now she is likely to withdraw the case as she is been awarded a final maintenance u/s 125 CRPC (on the grounds that no 2 final maintenance orders can be granted to the Respondent). So, if she withdraw her DV petition AFTER the high court dismiss my appeal, then can i file my fresh divorce petition on the grounds of false DV case ? If yes, should I file in the family court or in the Bombay High Court directly ?

Thanks in advance !!!


 3 Replies

Adv. Deepak (Advocate)     13 September 2014

You can definitely file fresh divorce case, but not for false DV case.  Filing false criminal cases can amount to cruelty.  But once your petition on the ground of cruelty and desertion is dismissed and your appeal also stand dismissed by High Court, you have still another remedy.

You can file petition under section 9 of Hindu Marriage Act for restitution of conjugal rights, which you will definitely win as she has refused to join you after several attempts, which is evidenced in Police records.  After one year of the decree passed, you can file fresh divorce petition on the ground that she has not joined you even after court decree.

Adv. Chandrasekhar (Advocate)     14 September 2014

If your appeal will be dismissed in High Court, I suggest you to go to S.C.  Generally S.C. without going into merits simply say that the parties being  lived separatelly for  the last five and half years, it is better to grant divorce after the wife will be properly comensated by finance.  If such line of proposition is o.k. with you, then S.C. is better option, if you fail in H.C.

CKumar (None)     14 September 2014

What were the reason for dismissal of your divorce petition in the lower court?

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