Divorce petition dismissal
Rajan
(Querist) 06 April 2013
This query is : Resolved
Dear Sirs,
The Divorce Petition filed by the Petitioner was dismissed by the sessions and district judge.
Can you kindly advice, if the petitioner should apply of review in the same district court
Or go for an appeal with the High court?
Is it possible that the petitioner can get back all the originals documents filed at the district court. Kindly also advice if the petitioner can file the CA for the copy of the judgement and for the original documents together.
Can you kindly advice what is enforcement of the judgement.
If the petitioner appeal against the judgement, can the respondent be able to claim to come and stay in the house of the petitioner.
Please advice and thanks for your advice
prabhakar singh
(Expert) 06 April 2013
Is it possible that the petitioner can get back all the originals documents filed at the district court. ?
NO!Untill the right to appeal is not to be utilized or time to file appeal has not expired.
If the petitioner appeal against the judgement, can the respondent be able to claim to come and stay in the house of the petitioner.????
No answer without going through brief of the case.
Can you kindly advise what is enforcement of the judgement.???????
Technically it is called EXECUTION.
Devajyoti Barman
(Expert) 07 April 2013
Challenge the judgement and order in high court in Frost Appeal.
The wife has no right to enter her matrimonial home without the order of court after separation.
Nadeem Qureshi
(Expert) 07 April 2013
agree with experts nothing left to add
Rajan
(Querist) 07 April 2013
Thank you for your advice
Anirudh
(Expert) 07 April 2013
I disagree with Mr. Barman when he says that "The wife has no right to enter her matrimonial home without the order of court after separation."
The wife can never be denied entry into her matrimonial home.
When the divorce petition itself has been dismissed, she can definitely establish her right to enter into the matrimonial home. Instead of any specific order for entering the matrimonial home, it is the other way round only when there is any specific order restraining her from her entering into the matrimonial home, she cannot enter, otherwise not. She has every right. Denial of such entry would indeed be a DV in itself.
Raj Kumar Makkad
(Expert) 07 April 2013
The right to residence of the wife is intact. She cannot be denied for the entry in her matrimonial house especially when the relationship of spouse is intact and there is no restrainment order from any quarter.
Adv. Chandrasekhar
(Expert) 07 April 2013
1. Appeal lies in HC. Review before the same judge is futile.
2. In the appeal, original record from trial court is called for. Hence, not advisable to take original documents from the file till the disposal of appeal.
3. Wife can enter the matrimonial home, unless there is a specific court order restraining her to do so.
4. The parties are entitled to apply and obtain certified copy of the judgement.
