Lower court dismiss Divorce petition,I prefer Divorce appeal
25-Feb-2025 (In Divorce Law)
My wife file 498a in 2017 in 3 of my family members.in 2019 we got convicted for 1year and 1k fine each. For that we prefer appeal.Appeal was allowed in 2021. Later I filed divorce under cruelty n desertion.Now my wife file appeal on 498a at high court AP.Court dismiss my divorce petition. I file appeal on high court.can I get divorce in appeal.I need lawyer to support.
Since your divorce was dismissed by the lower court, and you have appealed to the High Court, you still have a chance to get a favorable decision. Your case is strong because:
1. 498A Conviction Was Overturned in Appeal – This strengthens your argument that the cruelty allegations were false.
2. Grounds of Cruelty & Desertion – If you can prove that your wife deserted you without valid reason and made false allegations, the High Court may grant divorce.
3. New Precedents & Evidence – If new evidence shows her false claims or cruelty, it can support your appeal.
Chances of Getting Divorce in High Court Appeal
If you provide strong evidence of cruelty and desertion, the High Court may grant divorce.
If the lower court dismissed your case due to lack of proof, your appeal can challenge that decision with stronger arguments.
Your wife's appeal on 498A (which was overturned) does not directly affect your divorce case, but it may be used by her to claim she was harassed.
Next Steps:
You need a High Court advocate who is experienced in family law and criminal defense (for 498A appeal).
Strengthen your evidence of cruelty/desertion with call records, messages, or testimonies.
If you need a lawyer for High Court representation, I can help you find one.
Would you like assistance in finding a High Court family lawyer in Andhra Pradesh?
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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