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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for Mutual divorce, on the date of the hearing she reverted saying I’ve forced her to sign the papers & the case was withdrawn thereafter.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?
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.
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.
Helpful?
Adv. Sahej Uban
Delhi | 500+ Answers
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Can we get divorce in 15 days?
What is the Indian divorce minimum? According to the new Indian divorce laws, the time required for a divorce will vary depending on your circumstances. It could take 6 months or longer for a divorce by mutual consent, while divorce proceedings contested may take even longer.
How long does a divorce take if one party doesn t agree in India?
It can take up to 35 years for a contested divorce. If you file your application with your case file, and the court accepts it, then your case will be accepted, and the court will send notice to the opposing party. The other party is called to court, and a date for their response to be submitted on the next date will be given.
How can I speed up my contested divorce in India?
A divorce lawyer with experience is the best choice.
As soon as you can, file a divorce petition.
Attend all court proceedings and present evidence and arguments in support of your case.
If possible, negotiate a settlement with your opponent.
How do I delay a contested divorce?
You can defer your divorce from the lower court to the Supreme Court. It will take over 5 years for it to be completed or ended. But you need to have enough money to pay maintenance to your wife.
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
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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Adv. Kunal Seth
Delhi | 500+ Answers
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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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Adv. D. Khan
Delhi | 500+ Answers
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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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