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If I lose the contested divorce can I file it again?


29-Sep-2023 (In Divorce Law)
My wife has been asking for divorce after 2 months of marriage. Her ultimate response to any argument is Give me divorce. This has been ongoing for 1 year, we waited for 1 year as she told that she’ll agree to mutual divorce. Now after 1 year completion I filed for Mutual divorce, on the date of the hearing she reverted saying I’ve forced her to sign the papers & the case was withdrawn thereafter. nnNow I want to know even if I file the case under mental cruelty for which I have sufficient evidence(not sure how much of it is admissible) & even after fighting the case I lose then can I file it again under the same section with same evidence in a refined form? nIn case I win, then can she dispute the verdict in an higher authority?
Answers (3)


LawRato

Answer #1
887 votes
Hello, You can file a case for divorce (under mental cruelty) and once you win then probably she can appeal before higher authority but again she has to convince the court how the judgement pronounced by the lower court was not valid. For more information feel free to get in touch, all the best.
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Advocate Sahej Uban

Adv. Sahej Uban

LawRato Delhi | 700+ Answers
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Answer #2
937 votes
a case can only be filed based on a particular cause of action only once. after losing such case it cannot be refiled. if you win the case and court grants you divorce your wife can appeal against the verdict of the court to a higher Court. however there is a time limit within which she can file her appeal. should you have any queries please feel free to contact me
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #3
782 votes
If the first motion hasn’t been executed then it won’t effect if you go for contested divorce ! In case if u lose the case then you can’t file the contested divorce again until your wife wants to give mutual ..bcoz you are stopped by res judicata which means a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties….thanks n b in touch
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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