• Divorce case dismissed after 3 years

I filed divorce case in may 2016 on mental harrasment grounds ...i have audio recordings but was never asked for it by gzb court even my lawyer said its not admissible.. my wife came to court for first 3 times in front of judge . but since feb 2017 they never came .. in jan 2018 after 5-6 hearings my lawyer demanded ex parte proceedings.. for next one year judge kept giving last chance ... notice .... but in vain ... in jan2019 judge finally proceeded with ex parte ... we submit statements as an evidence and all ...and in judgement judge dismissed the case .... i have lost 3 years of painful process of court and yet no relief ... what should i do .... during this process my wife also filed 125 on behalf of my daughter ...judge set interm maintenance as 25k per month with arrears around 2.5 lac.. against which i appealed in HC allahabad and it was set for 15 k .... but here in gzb my wife stopped coming to court and the 125 case was dismissed ... now she has already filed DV case in which after 3 hearings we have not recieved the charge sheet .... so in a nutshell ...she is troubling me n not coming to court ...i need help with divorce case dismissal issue ....pl. advise
Asked 5 months ago in Family Law from Ghaziabad, Uttar Pradesh
Religion: Hindu

You have to appeal against the divorce case judgement

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1102 Answers
2 Consultations

4.4 on 5.0

What were grounds for dismissal? 

 

File appeal against dismissal before HC 

 

3) contest the false  DV case filed by wife 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Dear Sir,

It seems it was dismissed due to non production of sufficient material like audio recordings about cruelty.  Court always stand at neutral place.  It is for the party to produce  necessary audio recordings and oral evidence by your witnesses to convince the court about mental cruelty given by your wife.  Anyway you can prefer appeal and try to produce audio recording and now so much of time is elapsed so High court will pass orders in your favor as your martial relationship cannot be restored.

Netravathi Kalaskar
Advocate, Bengaluru
3069 Answers
13 Consultations

5.0 on 5.0

i would suggest you to file an appeal before the High Court and take all the necessary grounds after observing the family courts order.

Archit Vasudeva
Advocate, New Delhi
82 Answers

5.0 on 5.0

The divorce case was dismissed and therefore an appeal must be filed against the dismissal order in the high court.

Regards 

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

File a appeal on divorce case that your evidence and statement was not considered your wife did not file proper reply and her evidence for same was not recorded even in ex-parte proceeding the case was decided agaisnt you without considering the factual matrix,

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

File appeal against dismissal before the highcourt.. 

 

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

After the dismissal of your divorce case the absence left on you to go for the revision of the dismissal in Higher Court we can understand that he painful 3 years but this is sometimes happening in divorce cases because the primary objectives of the course art to Reconcile the matter instead of giving the divorce.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

Hi, you can appeal in the high court against the lower court order ..For getting divorce grounds such as adultery ,desertion , mental and physical cruelty (least important) has to be made in evidence before the court 

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

If the case is dismissed in family court you need to file appeal in hc

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

1. Audio recordings are very much admissible in evidence in accordance with provisions of Indian Evidence Act.

2. In DV case there is no chargesheet as it is a quasi criminal case. 

3. You are free to challenge in the High Court the dismissal of the divorce petition. Nothing can be said on merits unless the judgment is perused,

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

You may prefer an appeal against the judgment given in the divorce case.

You may go through the judgment as to what went wrong in your pleadings or in the case filed b by you. It is an erroneous judgment you have strong grounds for appeal.

You may better engage an experienced lawyer to prefer appeal before appellate court by placing strong grounds for appeal.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

See in case you cannot afford it in that case you cannot be forced to take possession of the property you can stop emi bank will take order to attach the property since loan is not paid.

Further if they are intimidating of false 498a file complaint against her and her family that they are intimidating and harrasing for false cases.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

You should file detailed reply denying allegations against your family in Dv case 

 

2) stop paying EMI of flat 

 

3) let flat be auctioned as you are unable to pay EMI 

 

4) court would not direct you to pay EMI if you have no funds 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

First of all stop worrying or getting frightened on their silly and childish threats they pose against you in all the aspects you have mentioned here.

You challenge her interim maintenance case in the DV case on the basis of the dismissal of her 125 cr,.p.c. maintenance case.

You can refuse to accept her claim for compensation of such a huge amount.

It is your decision to continue to pay the EMI in future or not.

Dont be pressurised on their words that you have to pay EMI or they will make you to pay it somehow

They cannot do anything on it.

Your father disowning is legally not acceptable because such relationship will never end just because he disowned you, it is a gimmick.

You challenge her false cases in the trial  proceedings properly.

 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

They can't force you to pay the same.  They are threatening you. 

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

No they can not force you to pay the EMI's. 

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

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