Filed Divorce petition (against wife who is elder to me)in Dristrict court and it is dismissed on 10.06.2017. Judge of the district court where I filed the case were got rendered after evidence of both parties. When the case reached argument stage new judge came and my case is dismissed. Later she filed for maintenance and case is running at district cpurt. Following are the brief of my issue. Date of marriage 12.05.2013 Date of separation 18.08.2013 Petition filed on June 2015 Divorce petition Dismissed on 10.06.2017 Grounds I filed No cohabilitation since 18.08.2013 Elder to me by 2 &3/4 years which was hided at the time of marriage etc Now i need to go to High Court. I need divorce and My questions are 1. How long will it take at high court for judgement 2. How are my chances of getting divorce. 3. It is learnt that Cases contested at High court after District court, are commenced from Argument level. Is it true, kindly confirm and guide. 4. Whether the judgement made at district court will be upheld at the high court. 5. On What more points the appeal to be made at High court to make the petition strong. Please confirm and guide.
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1) it depends upon pendency of cases in HC
2) it would take5 years at least to be disposed of
3) if you are able to prove that wife suppressed her age at time of marriage HC should set aside order of trial court and grant you divorce
4) if you file appeal wife will file reply and after hearing arguments of parties and considering eveidence on resocrdcourt would pronounce its verdict
1. The appeal before high court may take a longer time, depending on how and when it reaches and other formalities.
2. The chances to win the case through appeal is very bleak as per the grounds of your divorce petition.
3. Yes, you are right that after the respondent enter appearance and file counter, the matter will be taken up for arguments straight away
4. It is not necessary that the high court has to uphold the judgment of the lower court, it will analyse the facts and points put forth in the memorandum of appeal, counter and arguments made by both the aparties, before taking a decision.
5. Your grounds for seeking divorce appears to be very weak. In my opinion you may file a divorce petition afresh with fresh cause of action on the grounds of desertion and mental cruelty instead of preferring appeal which may not be a wise decision especially when the grounds for divorce are very feeble and unjustified or not conforming to the provisions of law in this regard.
1. Around one year.
2.Chances are very high.
3.Here the high court determine decree on the basis of evidence available in record.
4. Very difficult to say.
5. Without seeing the copy of the judgement it is difficult to advise.Irretrievable breaking down of marriage is good ground of divorce.
1) appeal will not lie in the high court
Section 28 reads as follow which makes it amply clear
1. if case is not dismissed on merit then you should file a writ before the high court for re-hearing of divorce case.
2. if it is dismissed upon merit then you should file an appeal before the high court. and challenge the decree on the same and on any other ground which can prove your case.
Sir, The content you provided is not enough to understand the cause of dismissal. If the petition is dismissed without sufficient evidence then you may approach same court for restoring the petition. Can you discuss with me along with case details.
Thanks,
Adv.Niranjan,
mobile - .
Sir, Am living in Bangalore now. She is living in a village 300kms away(her native & not the married place). No Cohibilation since Aug 2013. Married in the city "Davangere" (260 kms away from bangalore). My questions are, 1. If any activists from Manila ayog can come to my house if she approaches to Manila Ayog. 2. Whether i am liable to be arrested if she files 498a. 3. Where can she file 498a, am living at a place other than the place of marriage and last cohibilitted. 4. Am a government servant, how to avoid arrest and imprisonment if hits me. 5. She needs to Travel 300kms to attend to High Court once appealed by me, whether she can claim her legal expenditures from me. 6. Whether all respondents on whome 498a is filed need to attend the court personally. 7. If I do not appeal to High Court within the stipulated period for appeal, can I appeal at later stage or can I file divorce petition afresh at the place where am leaving at present (which is other than the place of marriage and cohebilitated). 8.My appeal is rejected under following grounds. A. Divorce sought at 1 & 3/4 years after marriage and is less than 2 years hence has no provisions under the law. B. I have not produced evidences for mental cruelty and desertion. C. Biodata produced as evidence for producing wrong date of birth is not having photograph and signature. 9. Whether i can produce more evidence during my appeal. 10. If need to file case afresh for divorce where should I can file in the trail court where marriage took place or am i allowed to file at the high court which is convenient for me.
1)Activists can come toy our house to help in reconciliation
2) there is no automatic arrest in 498A case . apply for and obtain bail
3) she can file 498A case in her village if part of cause of action has arisen in said village
4)apply fro and obtain AB if 498A case filed
5)wife can claim litigation costs
6)yes all respondents need to attend court personally
7)you have to make out case for condonation of delay in filing appeal .
8)your appeal may be dismissed as you have failed to prove allegations made in your divorce petition
9) you cannot rely upon additional evidence in appeal
1. Mahila ayog cannot enter your house.
2. If FIR is registered then the police can arrest.
3. She can lodge in the place where cause of action took place.
4. You can obtain A B and can challenge the case.
5. No.
6. Yes
7. Yes
Sir,
* You may be arrested anywhere, if she file a case u/s 498a of IPC in whatever the police station.
* Based on the circumstances, You or any of your family member can apply for anticipatory bail to avoid arrest and get more time to defend yourself. If you get arrested then there are high chances that you would loose your job.
* All the respondents need to attend the court personally according to the stage of the case.
* It is upto the court to decide to accept your petition, if you do not file dv petition within the stipulated time.
* There is no such prescribed time to approve divorce according to Hindu marriage act.
* You can produce more evidence when you appeal.
...
thanks,
adv.niranjan,
mobile - .