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Can I file divorce on same ground again in the court


29-Jan-2023 (In Divorce Law)

Sir, Can i re-file divorce petition in section 13 same allegations of adultres relation

Answers (3)

Answer #1
876 votes
In case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation. However you can file second petition on same allegation with New facts and circumstances and there is no bar
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Advocate Jitender Malik

Adv. Jitender Malik

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Answer #2
587 votes
Depends on what happened to your previous petition and whether you have a new cause of action. If your earlier petition was dismissed and you failed to prove charges,then No. In case you had withdrawn the earlier petition and new cause of action has arisen, then you can.
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Answer #3
579 votes
If the earlier filed divorce petition was dismissed or it was withdrawn without liberty to file fresh one then you cannot file divorce petition on same act or instance of adultery but if the act has been committed again after that earlier act then you can file a fresh case.
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Advocate Saurabh Dalal

Adv. Saurabh Dalal

LawRatoChandigarh | 5+ Answers
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