Decree rejected? help
My mutual divorce decree has been rejected by the judge stating:
1) In the content of the application, it is found that the parties have been living seperately from past 2 years. It is further the case that, the parties have not shown particular cause of action in the petition as far as the civil procedure code, order-7" Every civil proceedings, the existence of cause of action against other side because if there is no cause of action the plaint will have to be rejected.", relying over to this ground this application is to be rejected and in furtherance of the case it is found that the parties have already got divorce registered by sub-registrar. If the parties have got divorce than they have no remedy under this permission.
2) Here in the petition it reflects that the parties have not followed legal terms but failed in fulfilling the condition as laid down in the section 13(b) by not asking for declaration and last but not least the cause of action have not been shown in the application. In this circumstances this petition is not tenable under the law. Looking to this conditions the parties are not entitled to file the present application u/s 13(b), the petition itself found not following the law. Therefore, I, however believe that through the parties have followed each and every customary rites but not followed the section 139B0 of the Act.
Please help what went wrong? I am unable to understand and do I need to go high court now?
I will appreciate any help on this