what were grounds for dismissal ?
2) you can file appeal in HC against said dismissal order
My divorce case as been dismissed in the district court. What can I do?
I am a 40year old Male and filed for divorce on grounds of mental cruelty. But the case was dismissed. Kindly help.
Asked 6 years ago in Family Law
Religion: Hindu
21 Answers
You can file new case in the family court. And provide evidence proof exactly while filing the case.
Dear Sir,
* Do appeal against dismiss order & if become fail Then Filed new case with complete & strong evidence of cruelty against husband.
* there is no compulsory to presence Before HC at every fixed date. appointed counsel will appear on behalf of you.
* Collect the evidence through use the RTI Act 2005.
*file complaint case or u/s 156(3) Cr.pc regarding threat etc.- If you have a strong witness for proved your side.
…
- I have to go through the decree of the family court before suggesting whether you should------ a) file a fresh divorce petition or b) file a review petition or c) fi file an appeal in high Court.
- Avail of the phone consultation service here in kanoon to speak with me for further clarifications
File appeal agasint dismissal, what were your allegations of mental cruelty. Mental cruelty hardly work when ground taken by men but now you cannot modify the ground. Better include some fresh incidents/allegations in appeal committed by wife after dismissal of divorce petition.
Appeal to high court.
Pl provide the ground of dismissal of your petition by the court, here for further necessary advice.
See you can appeal the order of the lower court before the high court and can pray for divorce from the high court.
Why, what are the findings?
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
File an appeal under section 28 of Hindu Marriage Act-1955, before the High Court within 90-days from the order of the trial court with the help of the advocate who deals in matrimonial cases
28 Appeals from decrees and orders.
(1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.
(2) Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.
(3) There shall be no appeal under this section on the subject of costs only.
(4) Every appeal under this section shall be preferred within a [period of ninety days] from the date of the decree or order.
Feel Free to Call
1. The remedy is to file an appeal in the High Court.
2. The limitation period is 90 days.
File a first appeal in the High Court within 90 days/
Need to check the findings of the court in dismissing the case, thereafter, next course of action can be taken.
- Convince your spouse to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
Hi,
You are suggested to file appeal in high court.
- As per law, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together.
- The percentage of getting divorce order on the ground of only Mental Cruelty is very less for the husband , if otherwise there are perfect evidence against wife .
- Since, your case has been dismissed by the district court, hence you can challenge the said dismissal order after filing an Appeal before the High Court.
- You cannot file second divorce suit on same facts and grounds .
On what grounds was the case dismissed??inadequate evidence or something like that?
An appeal has been provided in the act. You can go in for appeal in the high court.
Regards
You can appeal in the high court within 30 days of the order
you have not mentioned why your petition got dismissed, if you have not proved your case beyond reasonable doubt then only it goes against you, and if you want to file another petition on same ground law doesn't permit you, yo u have right to in appeal
If case is dismissed by family court of your district then you should appeal against the order of family court in High court of your state.
If you are confident that you have fought your case properly and feel aggrieved by the judgment then you may prefer an appeal before the higher court.
You may discuss with your advocate at length about the reasons for dismissal and take his opinion for preferring an appeal.
Why was the suit dismissed, on what grounds? The decree has to be studied before proper advice is rendered.
