I and my wife got separated after 1.5 years of marriage (with a son of 6 months with her) in 2010. I sent a notice for restitution of conjugal rights (section 9) in 2011 (after 1.5 years of separation). Soon after above, she went to CAW with so many allegations against me and my family in late 2011 and also filed for maint. under Cr125 in 2012. To above effect, i withdrew my section 9 and filed a petition for divorce in 2013 under grounds of cruelty and desertion. I was ordered to pay a handsome monthly maint. (more than 20K per month) to my wife and kid w.e.f. 2012. After all of the above, finally the verdict came in this month (for my divorce petition) that i have not been granted divorce and my plea has been rejected (in Aug 2019) What can i do now to get a divorce? should a appeal to high court? what are my chances to get a divorce?
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1. The order of divorce suit in final verdict can be challenged before the high court in appeal.
2. Preference of the appeal in high court is only option unless you manage to convince your wife to go for mutual divorce.
3. So after preferring an appeal talk to her for making out of court settlement.
1) appeal to HC against dismissal of your case by trial court
2) chances depends upon evidence on record
3) file an appeal only based on legal advice
4) it is necessary to peruse evidence on record and impugned order to advice
Hi,
In the situation you should challenge that order of divorce case on high court.
File appeal agasint the dismissal order, you have valid ground of willful desertion by her. And she never tried for restitution during pendency of trial, which strengthen your claim of willful desertion by her.
What about CAW ? what was it`s result ?
Again file RCR if you don't want pay maintenance.
Or you can appeal against the order.
See based on the order below and it's merits you need to file appeal challenging the divorce before the high.court.
See chances shall.depend upon observation of lower court and evidence recorded by you below.
The option of appeal against the family court order is always open it is now yours to go for appeal or to accept your verdict of family court.
You will have to file an appeal before the High Court.
let me know if I can be of some help to you.
Regards
The only recourse available to file is to challenge this order, rejecting your divorce petition in a first appeal before the High Court.
If you are strong on the merits of this case and in case there are legal infirmities in the order passed against you, you will have a good case before the High Court.
You will have to approach High Court since your petition is dismissed in district court. The judgement will have to be looked into to take a proper legal opinion and further legal action. Please contact a high court advocate.
- Under Hindu Marriage Act, Desertion/separation is a ground for divorce , but for getting Divorce under this ground , both the husband and wife separation/dersertion period should be not less than two years at the time of filing the Divorce petition.
- However, since your Petition has been rejected by the District Court, then you should file an Appeal before the High Court .
- Chances of getting divorce depends on evidence of trial court . You may get divorce order from the appeal.
- Meanwhile , you can try to convice the opposite party for Mutual divorce .
- You should also request in your appeal for a mutual settlement before the High Court.
You should file appeal before high court within one month.
Regarding grant of divorce without evidence of both of sides no one can say whether you will get divorce or not
For that it is to be seen what came in evidence whether that evidence proves cruelty or not
Yes you can appeal to high court. Chances are bright
- You can submit the review appeal petition to the appellate court or directly approach the High Court against the impugned order.
- If I am not mistaken you have filed the 13(i)b which seems the ground with desertion (it is itself no ground of divorce) however you shall require to review your petition by yourself in terms of what grounds were presented in court. As there is possibility that the grounds were not submitted properly which might give the Hon'ble Judge to think towards your side.
Regards
Vivek Arya
Dear sir,
The trial court was not obliged to give you a decree for divorce because you or your lawyer was not able to establish the grounds on which you were seeking divorce. As a matter of practice, the grounds are to be carefully established before the court.
Now the solution for you is that you can file a fresh petition for divorce on the new circumstances that have arisen and on the new grounds to get a decree in your favor.
You can contact me for consultation. if any
regards,
YUGANSHU SHARMA
ADVOCATE
Why was divorce case dismissed, you have not given the reason as stated in the judgment.
Without knowing the details any opinion given in this regard may not be proper and it may even mislead.
What is the opinion of your own lawyer on this?
However if it is recommended to prefer an appeal you may proceed based on the recommendation
Yes you need to make an appeal in High Court if you want divorce.
Chances depends on the evidence you have produced in the court during trial.
