Whether fresh divorce case needs to be filed on fresh cause

law

Whether fresh Divorce case needs to be filed on fresh cause of action?

My brother and his family members have been framed under false 498-A/406 Case. My brother filed the Divorce case in family court and pleaded all instances of cruelty, which was dismissed in the month of March 2017. SUBSEQUENTLY, he and his family members get acquitted under 498-A/406 charges as prosecution miserably failed to prove the charges

Against Divorce order of family court, he is filing anappeal before the High Court under F.A.O but in divorce case, he could not place the acquittal order before the family court

In that scenario, what should be advisable?

  1. Whether he should file the fresh case before the family court on the basis of the acquittal order as fresh cause of action has taken place?
  2. Or he should file the Appeal against the family court under FAO and simulatenously file the frsh Divorce case before the family Court on the basis of acquittal Order?
 
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CEO

You can adopt either of these 1 or 2 cited above courses but 1st option seems to be better. and file divorce case in the Family Court on Fresh cause of action and wait till he obtains divorce from the family court.

 
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law

whether we can file the review petition as there is discovery of new evidence which can not be adduced , as if it is given can alter the Judgment?

 
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Hi,

It is not possible to file fresh divorce case on the same grounds, yu go for review /appeal in high court with this acqutal order as evidance if cruelty.

 
Reply   
 
CEO

Yes! you can gol  for review in the same court or Appeal in High Court flr divorce case on different cause of action  but you cannot file fresh divorce case on identical facts in family court as it amounts to resjudicata.Please treat my earlier ANSWER TO THIS QUERY AS DELETED.

 
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Go for appeal with the new evidence and required case laws ( previous judgments from supreme court and high courts with similar facts & circumstances)

 
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