Legal Question in Family Law in India
A husband filed for divorce but the court had given judicial separation. Aggrieved by the order the husband filed an appeal at the high court and it is pending. In the meanwhile, the husband filed again a case for divorce stating that a period of more than one year has lapsed since the awarding of judicial separation and that there has been no cohabitation between the partners. The question is, can the husband file a case and get divorce when an appeal on the earlier judgement was admitted in the high court and no stay is granted. Please advice sir.
2 Answers from Attorneys
Dear client pointed out this fact to court where he filed fresh divorce. That matter is pending before high so court below will stay the proceeding of divorce. For any legal help call me on 9422611385
Adv prasad patil
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