Divorce rejected by family court what can I do

793 votes

A defenite opinion in this aspect is possible only after seeing the evidences adduced by you and going through the depositions of you and your witnesses. So you have to apply for copies of depositions of witnesses on both sides, and evidences adduced by both along with the copy of the judgement. Feel free to contact us with all these details and case bundle.
Adv. Dr. S. Sreekumar

Advocate S Sreekumar LawRato

815 votes

Without perusing the judgement no one can guide for next step in appeal. Any way you may file appeal. Your divorce petition under the ground cruelty and the evidence adduced by you in the case is not satisfactorily convince the judge ,So he reject the plea for divorce

Giving repeated threats to commit suicide amounts to cruelty. When such a thing is repeated in the form of sign or gesture, no spouse can live peacefully.

If repeated threats are given by the wife and if preparations for suicide are made, though having no intention to commit, but with an intention to create a pressure or with a view to gain the expected result from the husband, then it amounts to cruelty .

The husband knows that if his wife commits suicide or attempts to commit suicide, then he will be definitely roped in the offences of Section 304B or 498A of the Indian Penal Code and then continues to live in a shadow of unspoken fear. A solitary instance can be considered as an outburst of the anger or frustration. However, if such threats are given intermittently, then the husband definitely suffers a psychological trauma of remaining under constant fear that his wife is likely to commit suicide if things go against her

Advocate Ajay NS LawRato

825 votes

Your question is not clear. I understand you filed a divorce petition on the ground of mental cruelty against your wife.And your wife filed a petition for restitution of conjugal rights.Let me have a look at your judgement copy. Then only I am able to give you further advice

Advocate Sindu R Kurup LawRato