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What to do if court rejects divorce decree
09-Apr-2023 (In Divorce Law)
My wife is a SLE patient.Which is not cureable but treatable.After 1 year of our marriage frequently she was ill in mentally.So i beg divorce from court in Hindu marriage act.I have few medical report and prescription of her before our marriage.which is the proof they hide about her disease to us.Need to know,am i get the divorce?At reconsulation we both diney to live with together.Afterall if I rejected to get divorce decree what to do?Because we can not live with each other.And mutually possibility is very low from her.
Contact with a lawyer with your details. He will guide you better. If your case be dismissed in lower court you can prefer an appeal in High Court.Before filing any suit you have to know whether you have any valid ground to succeed or not?
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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First thing try and talk and discuss this matter with your wife along with other family members/friends who can help you both to decide and apply for a mutual consent divorce, if this is not possible at all then you may go ahead and file a divorce petition through a good lawyer. In the divorce petition it will be required for you to provide and adduce evidences of her disease and give witness if required to make your grounds strong. If the petition filed by you is rejected then you will have an option to appeal.
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Adv. Shayak Chakraborty
Kolkata | 100+ Answers
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Since the marriage has taken place where the wife is not mentally stable you file for divorce on such grounds before the appropriate court having jurisdiction and proceed for divorce which is not necessarily to be done on mutual terms.
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Adv. Alakananda Das
Kolkata | 100+ Answers
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I do not know why you think that Divorce Decree will be rejected by the Court when in the Reconciliation stage, both of you deny to live together.
However, I do not know what is exactly say in the Medical Report of your wife and what is the evidentially value of such papers. But if you thought that, you may loose your case, then it will be better for you not to file Suit u/s 13 of H.M. Act, but to file Suit u/s 10 of H.M. Act for Judicial Separation on the grounds of Better treatment for your wife and after elapsing one year if you found that, the problem of your wife is remains same, then if you file Suit u/s 13 of H.M. Act, the Result will 100% sure for divorce. However, carry on.
However, I do not know what is exactly say in the Medical Report of your wife and what is the evidentially value of such papers. But if you thought that, you may loose your case, then it will be better for you not to file Suit u/s 13 of H.M. Act, but to file Suit u/s 10 of H.M. Act for Judicial Separation on the grounds of Better treatment for your wife and after elapsing one year if you found that, the problem of your wife is remains same, then if you file Suit u/s 13 of H.M. Act, the Result will 100% sure for divorce. However, carry on.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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