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hopeful001 (professional)     16 July 2016

What is next after the judgement for divorce case dismissal


    My husband filed divorce case on 2013 and I have filed for RCR , after 3.5 years of legal battle,

we got the judgement that his divorce case is dismissed. Not sure whether he will file for appeal to high court for the same. But I wish to live with him. Since the judgement is in my favour, Can I go to husband's home to live with him. Please reply.



 7 Replies

Vijay Raj Mahajan (Advocate)     16 July 2016

Yes go and try to resume conjugal relationship with him. If he refuses you can seek monthly maintenance from himunder section 125 Cr.P.C if you are unemployed and doesn't have sufficient means to maintain yourself.

However you cannot force him to keep with you and he has 90 days time to file appeal against the order of dismissal of divorce petition.

He can even file fresh divorce case on new grounds anytime, be aware of this fact too.

Sandhya Srinivas (Advocate & Legal consultant)     16 July 2016


        You have mentioned only about dismissal of divorce petition. what happened to your RCR petition? Clarify.

JustAdvisor (IT)     16 July 2016

where on this forum we keep on seeing husbands and wives who are after each others blood, i finally see this post where a wife wants to stay with her husband despite a divorce petition from his side. legally you have been well advised by learned expert above. if husband does not take you back, he does not deserve you.

Mohini (housewife)     16 July 2016

Respected all, Since last long time i have read that Divorece only from court in legal in Hindu marriage, No any can remarry but sorrry to say that many advocatea re advisoing that divorece on stamp paler and noteraised or registered in register office is valid., pls let me know  if any friend married divorecee girl and she is having divorece from previous husband on stamp paper and regisered office..what is now my friends position and what is the position of lady who having divorece on stamp paper...whether she is still wife of previous husband? pls pls advise. thanks.

A walk alone (-)     16 July 2016

@helpful001 I really salute you. But frankly speaking your husband dnt deserves a good wife like you. Remember one thing no law no court can force your husband to live with you. As he dnt want to live with you then you will only drag a dead relationship. Try to come out from this relationship. Nothing you will get by dragging dead relationship except pain.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 July 2016

In jurisdictions where a form is used, the party requesting dismissal should indicate on the form that the dismissal is of the entire action and of all parties. On the form, he or she indicates that the dismissal is with prejudice; this means the case cannot be reinstated. If he or she selects without prejudice, this means the case can be reinstated in the future. Both spouses sign the request for dismissal.

Khush   17 July 2016

only divorce by court is legal.

if he does not want to stay with you, then no court can force him to stay with you.

its upto you to decide.

think why your matrimonial relationships got destroyed. obviously both husband and wife have equal blame for strained relationships. but one of them go to courts/lawyers to irreversible break up marriage which is difficult to survive in future with peace if both agrees to live with each other. trust once lost is lost in marriage relationships

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