Hello, Wife has filed the divorce petition in the court 2 years ago and the counter was filed by the husband on time. wife took enough adjournment dates to submit the rejoinder, however as she failed to do so, the rejoinder window was closed. after that she took almost 11 adjournment dates for submitting the evidences and did not do that. Finally the over all petition got dismissed. As the husband is also wanting the divorce because of the mental cruelty shown by the wife, what is the provision for him to get divorce early, rather than filing a fresh petition. 1. can the same dismissed petition be restored and submit the evidences from the husband side to get the divorce? 2. what are the next steps if this provision is not available?
1. It is not clear what petitions are dismissed and whether the wife has filed written statement or not.
2. if the written statement is filed and issued are framed then the suit is now ripe for evidence and hence once the suit for evidence you must file your affidavit in chief on the date fixed.
The civil suit it takes time and such adjournments are common. However to speed up the trial you can file revision in high court.
Husband has to file for divorce on grounds of mental cruelty and desertion
2) wife refusing to stay with husband for continuous period of 2 years amounts to desertion
3) if wife does not contest he would get exparte decree in a year time
here you can as for exparte instead of dismissed,. If wife was adjourning case then each time your lawyer should have asked cost.
Now can ask for Mutual consent divorce
1. Since the wife approached court for the relief of divorce it is she who can file a petition to restore the dismissed for default case, however if the husband had filed a counter claim then he can file a petition to restore the same to decide about his counter claim.
2. Further, the respondent will be also at liberty to file and institute any proceedings for divorce on the basis of continuing cause of action provided the cause of action has continued after dismissal, when the first petition for divorce was dismissed in default and non prosecution."
Dear Sir,
It is better to you file a another divorce case against your wife on the ground mental cruelty.
You can file divorce on the ground of mental creulty.incase if she not constest, court may grant exparte divorce.You can try for and may succeed in getting ex-partie divorce..however that order can be challenged by your wife once she comes to know.
No option. Have to file fresh petition of divorce by you.
Wife only can file application to restore. And if you had filed cross claim/objection than your evidences may have done.
1. There is no provision under which he can get divorce without filing a fresh petition.
2. Next step is to file divorce petition against his wife on ground of mental cruelty.
1. No it's her petition same is disposed off as she failed to prosecute for you to file divorce you need to file sperate petition for divorce.
No fresh petition is Maintainable
File fresh petition
