JM (JM) 01 August 2015

Repeated filing of divorce cases

Wife filed and lost case for divorce. Then, she filed a second case with more allegations about the same time frame. This was dismissed as non-maintainable. She appealed against the order of dismissal. At the time of hearing, she withdrew that appeal and got permission to file one more divorce case on a new cause of action. This will be her 3rd case for divorce. I have incurred significant costs in defending myself. I have one questions:

Since the appeal has already been withdrawn, can I file a recall and ask for costs to be imposed? Otherwise, any one can keep filing cases daily to harass another person.

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4 Replies

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney) 01 August 2015

This seems like a hypothetical preposition, but it really it cannot sustain. Your petition for demanding cost will not be allowed, however, had you made an application prior to the Court order, you could have pressed the Court to pay you some compensation for the cost of litigation.

Mikey 01 August 2015

Is it possible you can let her win the case and in your favour.

Biswanath Roy (Advocate) 04 August 2015

If you are really interested to stop such mischief you could have challenged second petition for Divorce on the ground of multiplication of proceeding without any cogent basis and with the intent of harassment.

T. Kalaiselvan, Advocate (Advocate) 08 August 2015

If she has come out with another petition for divorce for the third time, you may file an application to reject the same based on earlier dismissals of the divorce cases. She may be finding a new cause of action for fresh case, but her intention to harass the respondent by filing case after case can be properly represented before court based on the documentary evidences in your possession. In this you can claim costs.