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Legal advice regarding divorce petition under Article 142
23-Sep-2023 (In Divorce Law)
What is the procedure to file a divorce petition in The Supreme court under Article 142 if the couple is fighting a contested divorce? The case is already going on since 2019 in the family court on the ground of cruelty filed by husband on his wife. What is the way forward if the husband's family wants to file a divorce on the ground of irretrievable breakdown of marriage when the other party is opposing it.
the supreme court cannot be approach directly for filing a divorce petition.
in general a divorce petition can only be filed in a family court and the aggrieved party can approach the supreme court against the order of the family court under article 142.
however if the provision of revision and appeal is available, such provisions must be exhausted before approaching the honorable supreme Court.
in general a divorce petition can only be filed in a family court and the aggrieved party can approach the supreme court against the order of the family court under article 142.
however if the provision of revision and appeal is available, such provisions must be exhausted before approaching the honorable supreme Court.
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Adv. Kunal Seth
Delhi | 500+ Answers
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Only Supreme Court has the right to give relief under irretrievable breakdown ground u definitely get relief under this ground as your case is pending from 2019 for further details and information plz free to call
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Adv. Anupama Sharma
Delhi | 200+ Answers
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You don’t have to go to Supreme Court of trail, trail only happens in district court. In your WS you can file your counter grounds of divorce. Once divorce is filed by one spouse, other can’t file the different divorce case. You need to hire expert advocate in this regard!
Plz b in touch
Plz b in touch
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Adv. D. Khan
Delhi | 500+ Answers
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Article 142 is only exercised by the Hon'ble Supreme Court in extraordinary situations. It has only been applied if both parties are agreeable for mutual divorce proceedings and not in a contested divorce and therefore your case may not be eligible for the same remedy.
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Adv. Akanksha Choudhary
Delhi | 100+ Answers
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