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Divorce petition rejected in Family court - Appeal to High Court


16-May-2023 (In Divorce Law)
Hi Sir/MadamI had filed a petition in Family court for Divorce on the grounds of cruelty. I submitted the witness as well who is my aunt/Family Frield and My dadBelow is the statement from the cross examaination n"It is not true to suggest that he has no bad habits. He is assaulting his wife and abusing her. I have seen that the respondent is abusive towards his wife"nnI have added couple of instances of physical and mental cruetly caused by my husband, Still I did not get divorce. I want to appeal to High court. nnI have below questionsnn1. why was my witness not consideredn2. Should I produce extra proofs to High Court while appealingnnThanks a lot in advance
Answers (3)

Answer #1
900 votes
okay I understand your question so now family court rejected your divorce petition now youbwill file it in high court right yes it is possible but you were mentioned petition in lower court what are the grounds you have to file it court that is important so high court asking genion reason so first I will see the lower court detailed then you will file it in high court for what reason lower court dissmiss it is important ifbuou need any legal help contact me thank you
Answer #2
951 votes
Dear Sir/Madam, The Court will take into consideration several factors to decide Divorce Petition. Dismissed of Divorce Petition is a rule and allowing divorce petition is an exception. I mean to say that in India divorces are allowed in rarest of rare cases and it will be considered as a rarest of rare relief.
Answer #3
520 votes
you cannot audios additional evidence in High Court. In the appeal in high Court you have to point out the faults made in the trial court judgement in light of the statements of witnesses and what has come out from the cross examination. to give a proper opinion to your questions I need to see entire file from the petition till the judgement.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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