sir, once withdrawn you cannot file the divorce petition on the same ground..however it is to be seen , whether at the time of withdrawing have you taken the authority to file fresh petition again ... You can file fresh petition with some new and strong grounds
Filing of divorce case
In continuation of my previous query ( 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 put some more facts. My wife was residing with me from July 16 to Feb 17(came after 4 years ). After that she left from my home. Her condition is not well. Is it possible to file fresh case or I need to restore the previous case. Which will be more beneficial filing fresh case or restoration. How much time restoration will take place.
Asked 8 years ago in Family Law
Religion: Hindu
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8 Answers
Hello,
It will be good if you go ahead and file a fresh case. also if while withdrawing the last case it was mentioned that you can file a fresh case later then you will have to necessarily file the same.
Let me know if I can be of any help.
Regards
You have to file fresh case of divorce on any of grounds recognised by HMA
2) your earlier petition would not be restored
First you have to think about to continue the relationship or not? Every single one of us needs a support system.Most people spend their days dreaming of the future or reflecting back in nostalgia. If marriage discord is high, depression treatment for one partner alone is unlikely to be effective. Marriage discord typically precedes the onset of depressive symptoms.Don’t sit around waiting for things to happen. Expectation leads to disappointment, disappointment leads to spotty effort, and spotty effort leads to failure. If you invest your life into something fragile, don’t feel destroyed once it breaks.
If you need a divorce then file a fresh petition under the new circumstances and the same grounds alleged in your previous petition. The new case will not be treated in continuation as you are making a withdrawal. But the facts you can use in new petition. The restoration of old petition is not good and most probably difficult .
1. If you have withdrawn your earlier case then how can you restore it?
2.You might have withdrawn it with the leave to refile it as it happens usually.
3. File a fresh divorce case organising all the evidence you could collect to support your ground for seeking the decree of divorce and do not withdraw it any further.
Did you take the liberty to file a fresh divorce case at the time of withdrawing the earlier divorce cases?
Even a divorce suit filed on the same ground as before, is barred by the doctrine of res judicata.
P
You cannot restore the previous case as its cause of action is over. Nothing stops you from filing a fresh petition for divorce but it can be filed only for a fresh cause of action i.e for a new act of cruelty committed by your wife after she returned to you the last time.
Once the previous case has been disposed you cannot restore the same.
You have to file a fresh case only.
