Husband file divorce on desertion & cruelty as wife filed for divorce

965 votes

Noo... He can not file saparate case on new grounds as his case is not maintainable under Hindu marriage Act. Husband can not take saparate decree if decree of divorce has already decided. He can only challenge your decree before Hon'ble High court of Punjab and Hariyana.
For more about your quiry please contact me at 7838170811.

Advocate Shahrukh Inam LawRato

501 votes

Your case must have certain facts in place. I’m presuming that you never received any notice of the divorce petition filed by your spouse (ex-spouse). The copy of the decree passed by the Court was received by you should be within the 30 days limitation period allowed to file an application in the same Court.

Here are few remedies you have in your hands:

1. Under Order XI Rule 13, you can apply in the same court (In your case the concerned Court in Punjab) to set aside the ex-parte decree.
2. You can move an appeal in a higher court against the decree. Here again, the facts of the case will determine the course of action.

Here my suggestion would be to engage a lawyer before you lose on valuable time.

Advocate Kabir Hazarika LawRato

955 votes

When already divorce has been granted by the court even though exparte then how can a counter divorce be filed(common sense). Your marriage has been dissolved therefore, now no more divorce proceedings can be filed before any Court of law in India or any foreign country.

Advocate Suparna Sinha LawRato