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Divorce rejected in 2012 where can I appeal
03-Jul-2023 (In Divorce Law)
I am male 39yrs,married in 2006,separated after 2 months,tried through elders for separation not successful.applied for divorce in 2008,immediately 498a on 12 members of my family,not arrested all got bail,appealed in high court,case quashed on all except me in 2011.Not granted divorce in 2012 by district court.Till now did not appeal in high court.Trail going against me in 498a,evidences are refusing to come to court. Can i appeal in the same court for divorce again as its been years. she is in central govt.job,i am working in private.please advise.
The appeal lies in the high court only.
the limitation period for filing appeal in the high court is 30 days from the date of judgement, order or decree.
all appeals are to be heard by a bench consisting of two judges.
sir your case is disposed of in 2012 you can file the appeal along with delay petition under section(5) OF LIMITATION ACT.
it is the discretionary power of the court to entertain the appeal or not.
sir you approached the district court for divorce the grounds on which you filed divorce is not mentioned in your querry.
the limitation period for filing appeal in the high court is 30 days from the date of judgement, order or decree.
all appeals are to be heard by a bench consisting of two judges.
sir your case is disposed of in 2012 you can file the appeal along with delay petition under section(5) OF LIMITATION ACT.
it is the discretionary power of the court to entertain the appeal or not.
sir you approached the district court for divorce the grounds on which you filed divorce is not mentioned in your querry.
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Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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Hi
If your Divorce case has been rejected in DIstrict court, you should have appealed with in 90 days.
Since you did not appeal within the limitation period, you should file a new divorce petition again in the DIstrict court only.
As far as 498A is concerned, if the evidences are not attending court, you should ask your lawyer to press for dismissal of suit as the case is more than 4 years old.
Also if you were separated within 2 months of marriage , you should have got the divorce on grounds of separation and also on grounds of false 498A.
i think either your lawyer did not do his job correctly or their lawyer was smart.
you should seriously rethink on your legal strategy as it appears that the case is just prolonging for lack of legal strategy on your end.
If your Divorce case has been rejected in DIstrict court, you should have appealed with in 90 days.
Since you did not appeal within the limitation period, you should file a new divorce petition again in the DIstrict court only.
As far as 498A is concerned, if the evidences are not attending court, you should ask your lawyer to press for dismissal of suit as the case is more than 4 years old.
Also if you were separated within 2 months of marriage , you should have got the divorce on grounds of separation and also on grounds of false 498A.
i think either your lawyer did not do his job correctly or their lawyer was smart.
you should seriously rethink on your legal strategy as it appears that the case is just prolonging for lack of legal strategy on your end.
Helpful?
14+
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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