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Limitation, jurisdiction, Res-Judicata problem for new divorce case?
20-Sep-2023 (In Family Law)
FILED DIVORCE PETITION IN 1992 AFTER THAT WIFE HAS MADE 498a CRIMINAL CASE IN 1992 Due to criminal case of wife on me my relatives i could not negotiate properly and same has got dismissed in 2000, but i have not appealed this dismissal due to to disturbance of 498a The ground for divorce case was crueality under sexual dissatisfaction and partial impotency. There was no reference of 498a in that DP. There after 498a was decided in 2007 and we got acquitted in 498aq. With courts observation the 498a was concocted. Now in 2014 , Filled Divorce Petitions underground of cruelty of false and fabricate3d criminal case 498a QUESTION: 1) will this DP will have the time limitation problem of 2007 to 2014 & will make any impact on case? If yes then what is solutions for this? 2) The both grounds of cruelty will cause any limitation, jurisdiction, Res¬Judicata problem for new divorce petition?
Is you both were reciding together from 2007 to 2014 ?
If not then take ground of deseration
Also if some other ground is there you mention all of them
No problem of limitations or res judicata will be there
If not then take ground of deseration
Also if some other ground is there you mention all of them
No problem of limitations or res judicata will be there
Helpful?
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Adv. Virendra Narayan Lonari
Nashik | 25+ Answers
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Res judicata is only in a case where the subject matter has already been decided rather to be specific it has already been adjudicated.
You have been acquitted in 498A case
And even today u belong to a legal matrimony. Considering that u r still a husband and she is still Ur wife.
U can file for divorce and no need to worry, but I hope u have a case on merits also.
Have a good day
You have been acquitted in 498A case
And even today u belong to a legal matrimony. Considering that u r still a husband and she is still Ur wife.
U can file for divorce and no need to worry, but I hope u have a case on merits also.
Have a good day
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Adv. Mrinal Pillai
Mumbai | 25+ Answers
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