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Lower court dismissed divorce petition can high court accept it now


22-Oct-2023 (In Divorce Law)
Sir, I filed divorce case in 2011 in srikakulam court. After 5 months she filed sec 9, both are combined and interm maintenance issued up to the case ends. she filed 125 cr.p.c maintenance case in 2014 and DVC in 2015. One son with her aged 8 years. At present the court is dismissed the divorce pitition and order to bring her to matrimonial home with in two months.All evidences including cd, sim , call lists , photos, 3 no of witnesses are submitted, I think the judge is not study the total case and seems all are irrelivent and not giving suggestion how those are all irrelivent. She does not file 498A and no evidences and witnesses with her. Is there any chance to get divorce in high court.
Answers (3)

Answer #1
727 votes
You can see an appeal in higher court seeking remedy and order against lower court order. You need to make sure that all respective resources are to available for child. If she is educated then you can ask court for exempt from paying separate maintenance.

Answer #2
557 votes
Hi
High court will not grant any orders pertaining to your case
if you are unhappy with the judgment, you need to appeal at Sessions court which has the jurisdiction for appeals.
The sequence in which appeals are filed are as follows:
Lower courts-District court- Highcourt-supreme court
Answer #3
734 votes
Hi,

Even if the Family Court orders for restitution of conjugal rights, you are not compelled to reunite with your wife if you don't want to. File an appeal against your divorce dismissal order of the Family Court in High Court and contest.

All the best!

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