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What can I do if my wife wants to appeal for our divorce in High court
20-Apr-2023 (In Divorce Law)
My wife filed a divorce case against me u/s 13(1)(ia) of HMA. She levelled all kinds of baseless allegations against me in the suit. I contested the case sincerely on its merits for 3 years. Finally the judgment was passed in my favour and all allegations of mental & physical cruelty along with her petition was dismissed by the court. She has shown no signs of returning and there is no question of restitution in this case. My wife is planning to move to the High Court to challenge the order passed by FC. Even if she does so, can I simultaneously file a fresh divorce case against her on the grounds of cruelty & desertion in the family court? Would it be prudent for me to make such a move at this point of time? Expert opinion solicited.
Firstly, if your wife is planning to move the High Court, please file a Caveat Petition in the High Court immediately. A Caveat Petition is basically a petition to the court stating that you anticipate your wife will Appeal the Family Court judgment, and you should be kept informed from the beginning itself so she cannot take any order from the High Court or file any Application/ petition without first giving you a copy and therefore keeping you informed. Secondly, you can initiate divorce proceedings against her in the Family Court but the judge would ask if you also wanted divorce, then why did you contest the divorce case filed by her instead of settling it before the Mediation Center. For instance, if you wanted to remove the allegations against you but agree for divorce, it could have been done - nevertheless, you can still file a Petition for divorce. Finally, if you also want divorce and you don't want to get into another round of litigation where you file a case against your wife, or she appeals your old case and you spend the next few years in court - then I advise you to file a Petition for Divorce by Mutual Consent where in you and your wife present a joint petition seeking divorce on mutual grounds, without any allegations against either of you, and the matter can rest within 6-7 months.
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