1) you can file for divorce on any of the grounds recognised by HMA
2)if suit has been with drawn you can file fresh suit
3) your previous casewould not be restored
Filing of divorce case
Sirs, My wife is suffering from schezophrenia. First I have filed divorce case in my city in UP but case was taken back from there on the ground that parties will settle outside but it could not materialize. Later I have filed the case at the place my wife resides but that was also taken back since she came back in between to me as her parents again promised that she is well and if anything happen again she will let us apart. She still is not fine and conditions are same. I would like to know whether can I file the case again. If yes where should I file. Can i restore my previous case and continue. Thank you
Asked 8 years ago in Family Law
Religion: Hindu
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7 Answers
If you have taken the liberty to file again shins withdrawing the case then you can file the petition again .. Otherwise you have to file with some fresh grounds ..
1.If there is fresh cause of action then you cna filenew case.
2.The new case though would be based upon subsequent events and not on previous events.
3.The previous case is got dismissed for default it can be revived but it takes time.
1. Why do you keep filing and withdrawing the cases? Either file one and take it to a logical conclusion or don't file it. You are forfeiting your cause of action every time you withdraw the case.
2. The petition can be filed where the marriage was solemnized or where the couple last resided together.
Try taking a divorce by mutual consent if she is also ready for divorce. It would be least cumbersome and the quickest. However, to file this you will have to show that you were living separately for past one year.
Whether or not you can file a fresh divorce case would depend on the fact that your earlier divorce case was withdrawn absolutely or liberty was taken to file a fresh case.
No, you will have to file a new case and in the petition you will have to disclose that the earlier case filed was taken back by me. You can file the case at the place where you two last resided together, i.e., at your city in UP.
Regards
You can file a divorce case in any place where yo have already filed if you have decided to file one.
The jurisdiction shall be the place of marriage or the place where you both last resided together or the place where she is currently residing.
