Dear Sr. Advocates please advise me the right solution for 2nd time Divorce.
I have applied HMOP with my wife U/S 13-1 (ia) (ib) desertion and cruelty on 2013. Honorable court dismissed my petition on 2015 and and granted Judicial separation due to criminal cases pending on me at that time. My wife filed an appeal against judicial separation (given on 2015) and still it is pending in HC since 2016. I have not contested in this due to some reason.
Now I got acquitted from pending criminal cases. So i want to apply divorce again.
Please advise me which of the following option is better to apply 2nd time divorce in family court again.
a) HMOP U/S 13-1 (ia) (ib) stating the fact that cruelty proved based on acquittal of criminal cases after dismissal of previous HMOP.
b) HMOP U/S 13 (1-A) (i) stating more than 3 years passed after granting Judicial separation and there is no Resumption of Cohabitation. (But my wife appealed against this judgment and matter is still pending in High court.)
c) HMOP U/S 13-1 (ia) (ib) AND 13 (1-A) (i) stating both above points a & b .
Can you mention Both above grounds in the same petition and ask for divorce?
Also please advise me what is the requirement to allow second time divorce in family court ??
Thanks in advance..
