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HMOP dismissed 2 years ago, shd file new or reopen to fastrack divorce


04-Oct-2024 (In Divorce Law)
Married in 2021. Wife hid her physical illness before marriage ,then left my place at 2022. I filed for contested divorce, which later dismissed. Wife making false allegation through DVC and refusing to divorce for the past 3 years. I lost my hope in marriage. Should I reopen the old HMOP or file a fresh one - to get divorce sooner without waiting period.
Answers (2)

Answer #1
812 votes
hi Felix here, I can well understand your concern from the query raised, you will have to file a fresh HMOP before the family court and proceed with a contested divorce, it is advisable to move and push for quashing the DVC proceedings in the high court, thank you
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Answer #2
786 votes
File fresh petition with new allegations. Since the old petition has already been dismissed, there is no use of reopening the same. However, when you file a new petition with a new cause of action such as filing of domestic violence case and causing mental stress is also a ground for divorce.
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