If appeal filed by wife is dismissed you are at liberty to remarry
2) wife is not interested in pursuing the appeal
3) get married if you so desire
First appeal by wife against judgment in sec 13 HMA dismissed by HC
First appeal against the order passed by learned Principal judge family court in 2020 has been dismissed for the want of prosecution because, none i present for the appellant to press the appeal except counsel for respondent and interim order if any stands vacated. What should by my next move, whereas an appeal against sec 125 CRPC judgment filed by me (husband) is also under consideration at same HC. 1- Is it green flag for remarriage? 2- Or This is a move of opposite party? 3- What should be the next move? 4- Any other related info
Asked 8 months ago in Family Law
Religion: Hindu
12 Answers
Is there any chance to get relief in CRPC 125 in high court for husband as in MHA 13 it is mentioned that she abandoned me
Asked 8 months ago
It is necessary to peruse order for maintenance passed by trial court to advice
Root cass 498-A and domestic violence are still pending in district court, how those cases may divert in my favour, they are not agree for a sattlement
Asked 8 months ago
Can she apply for restoration of case in HC and what should be the impact of this on this case
Asked 8 months ago
Contest case on merits
you can file petition in HC for quashing of 498 A if allegations made are vague and devoid of material particulars
quashing is to be done only in exceptional circumstances
She can take out application for setting aside order of dismissal but you should remarry before she does so
- If appeal against the maintenance order dismissed , then it will have no effect on other cases filed by wife
- However, if there is divorce decree passed by the family court and wife approach the HC for appeal , then after dismissal of the same you are on liberty of re-marry.
- Yes, as per Section 125(4) of the CrPC “No wife shall be entitled to receive allowance from her husband, if she is living in adultery, or if she refuses to live with her husband without any sufficient cause, or if husband and wife are living separately by mutual consent.
- Need more details of your case for giving proper suggestion in the case 498A and DV.
Statutory period for filing an application for restoration is 30 days from the date of dismissal of the appeal. After this period if the restoration is not made then re-marriage is possible and it would be legally valid. All other ancillary matters have no connection with re-marriage. For more precise response to your query, phone consultation is required. Do consult me for further query.
Dear Client,
Dismissing your first appeal for failure to appear because you did not appear means that the court did not hear the merits of the case but dismissed it because you (the plaintiff) or 'because of the absence of the representative. This is not a green flag for remarriage, as the original order from the Family Court still stands unless the Supreme Court taxes it so you need to look carefully at the next steps, especially while considering the ongoing appeal under Section 125 CrPC and other pending matters.
First, you can make an application to the Supreme Court to review the dismissed appeal. This application should explain why you did not show up and why the matter should be reconsidered. If the Supreme Court returns your appeal, it will be retried in the case. Secondly, as far as your ongoing Section 125 CrPC case is concerned, you can proceed to pursue it by submitting all relevant evidence and information, including the allegation that your wife has deserted you as a Hindu Section 13 of the Adoption and Maintenance Act (MHA) provides.
As far as pending cases under Section 498-A of the IPC and Domestic Violence Act are concerned, it is necessary to present a strong defence and provide evidence that the allegations are false or fabricated to stay on top of. It will be useful to gather evidence such as witness testimony, communication records, and any documents that can support your version of events. If you can prove that the allegations are inconsistent or that the opponents lack strong evidence, they can continue to help you with this information.
1. here is no restrictions for getting remarried because the limitation period of three months is from the date of original date of decree, and if there was no decision in her favor within that period by the appellate court then it is deemed taht you are at your liberty to remarry a person of your choice.
2. What is the move of opposite party?
3. you can proceed as decided
4. You can file a caveat petition before supreme court in this regard
The divorce case is totally different subject to that of the maintenance case.
You may have to fight it out on merits in your side.
You can challenge them on merits and supporting documents in your possession
You can challenge them on merits and supporting documents in your possession
You can challenge them on merits and supporting documents in your possession
She may have to prefer an appeal before supreme court since the high court has disposed the case.
You may file a caveat before supreme court in this regards.
Yes, she can reapply for restoration. The limitation to file for restoration is 30 days.
