Legal Question in Family Law in India

If a divorce case filed by the husband, after hearing, though the court has rejected the wife's testimony as she did not appear for cross examination, the court has dismissed the petition citing that there has been no cruelty meted out by his wife and that he has not taken any person's specific name (whom wife was suspecting having relation with), in the case and that his only witness (his neighbour and Boss at work) did not know the real reason for the fights though he knew that there were fights many times, and that the fights are normal in married life.

In such case, the original petiton having been filed in Jun 2008 and decision in Jun 2012, can the husband file another petition for divorce in family court citing new evidence but same reason of cruelty and distrust and inability to continue with marriage with same person as she has defamed him in front of relatives.


Asked on 7/20/12, 5:52 am

3 Answers from Attorneys
KAMAL GROVER

you will get divorce but you need an expert lawyer.

provide your location and then i will guide you the way out and may be our associate will help you at your location.

Regards

Good luck.

[email protected]

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Answered on 7/20/12, 7:31 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Why don't you go for appeal against the decision.

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Answered on 7/21/12, 5:32 am
Stalin Selvamani S & P Law Associates

Check with an expert advocate to avoid further complications before proceeding to fie a case.

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Answered on 7/24/12, 1:38 am


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