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09-Jan-2026 (In Divorce Law)
In my cheef I have mentioned wife not supporting for cohabitation and forcing separate from my parents and transfer my job to her native place but opposite lawyer not asked about that points in cross examination and we are mentioned in arguments but judge dismissed divorce on cruality
Answers (4)

Answer #1
528 votes
you need to file an appeal in the Bombay High Court against the dismissal of the divorce on the ground of abandonment and ask for the divorce so that you both can start your new life again, seek for urgent certified copies of the order and file your appeal as soon as possible before delay
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Advocate Moksh Jain

Adv. Moksh Jain

LawRato Mumbai | 100+ Answers
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Answer #2
513 votes
If you specifically pleaded facts such as refusal to cohabit, forcing separation from parents, and pressurising job transfer, and the opposite side did not confront you on these aspects in cross-examination, such facts are deemed admitted in law. The trial court is bound to consider unrebutted pleadings and affidavit evidence. Dismissal of divorce despite this amounts to non-consideration of material evidence and perversity. Remedy lies in filing a first appeal highlighting failure to draw adverse inference and settled law that such conduct constitutes mental cruelty.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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Answer #3
565 votes
Procedure to File Divorce on Cruelty Ground 1. File a divorce petition in the Family Court 2. Mention detailed incidents with dates and evidence 3. Court may first attempt mediation/counselling 4. If settlement fails, trial proceeds 5. Court grants divorce if cruelty is proved Important Supreme Court View Cruelty does not require physical violence only Mental agony that makes married life unbearable is sufficient Each case is decided on its own facts Practical Advice Maintain records o ents Avoid aggressive communication
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Advocate Prashant Gupta

Adv. Prashant Gupta

LawRatoMumbai | 50+ Answers
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Answer #4
585 votes
Hello, reading through the information provided by you. If you still want a divorce, you'd have to file a Family Court Appeal, in the High court. By stating all the relevant facts. kindly, connect to discuss your matter further in length.
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Advocate Chanchal Singh

Adv. Chanchal Singh

LawRatoMumbai | 100+ Answers
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