If your divorce petition has been dismissed by family court file appeal against dismissal of divorce petition before HC
2) HC would take around 5 years for disposal of your appeal
Hello i filled divorce petition in april 2013, now the decision came after 4.5 years with rejection of divorce petition. my grounds were mental cruelty and she hide her age as she is 8 years older to me. I m not understanding what to do now as i don't want to live with her and after 4 years court has reject my petition. can i go to high court? how much time approximately high court take to give decision. Or i can apply again in district court
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Please tell me is there any chance of getting divorce or i have to tolerate this whole life as i want to move forward.
If your divorce petition has been dismissed by family court file appeal against dismissal of divorce petition before HC
2) HC would take around 5 years for disposal of your appeal
1.Do not lose hope a concealment of age difference of 8 years is material suppression of ccae and strong enough to get divorce.
2.Now challenge the decree in appeal.
3. If there was proof of your allegations during trial of the suit there is no reason why you should not get divorce.
4. The high court in appeal has become progressive to grant divorce if it finds that the marriage ahs become become deadwood in all purposes and there is no chance of revival of the same.
5.So prefer an appeal in high court and hope for the best.
Please challenge this order rejecting your divorce petition in the High Court.
It could take anything in between 3-4 years. Could take even lesser time.
Continuing my last question which i posted.. what are the steps followed by the high court when dealing with an appeal against rejection of divorce petition by lower court. what is the reason it takes 3-4 years as already 4-5 years got wasted by lower court in giving decision. Also can extra grounds and evidences be put while appealing in high court e.g separation , irretrievable breakdown of marriage. Please guide me so that i could move high court as i m really very tensed
1. Yiu can refer extra evidnece in appealby order 41 rule 27 cpc.
2. Appeal in high court takes time of around 2-3 years. Due to heavy backlog of cases appeal cannot be expedited for hearing.
3.So prefer an appeal immediately.
HC is over burdened with cases
2) hence disposal of appeal takes time
3) you cannot raise any additional grounds in your appeal
you should file an appeal against dismissal of your divorce petition if wife at time of marriage has misrepresented her age .
you should have filed for annulment of marriage in the family court on grounds of fraud within period of one year of discover of fraud
evidence can not be put in while filing an appeal in the High Court, only you can challenge the same on the point of law and fact.
You may consult a good family lawyer who can peruse your file and records and can suggest you in the best possible way.
Regards
If you are aggrieved by the decision of the trial court, you may file an appeal before the high court venting out your grievances especially when there are no chances to rejoin and liver together with her.
You can even file a fresh petition on the grounds of desertion seeking dissolution of your marriage.
Please tell me is there any chance of getting divorce or i have to tolerate this whole life as i want to move forward.
Since your marriage is irretrievably broken you can file a fresh divorce case on a different ground i.e., desertion and cruelty due to that.
Continuing my last question which i posted.. what are the steps followed by the high court when dealing with an appeal against rejection of divorce petition by lower court. what is the reason it takes 3-4 years as already 4-5 years got wasted by lower court in giving decision. Also can extra grounds and evidences be put while appealing in high court e.g separation , irretrievable breakdown of marriage. Please guide me so that i could move high court as i m really very tensed
Without knowing the reason for dismissal of the divorce case, no opinion can be rendered.
You may consult a different lawyer about preferring an appeal and whether the appeal would sustain or not especially when grounds pleaded in the original petition may not be strong enough to deserve a favorable decision.