judgement on merits or on wish?
Querist :
Anonymous
(Querist) 25 March 2010
This query is : Resolved
Hello,
In the same forum I read that court can not bind husband and wife together if one of them does not wish to live together. My question is then what is the use of available grounds for divorce and why one has to prove the mentioned ground to obtain the divorce if it was so simple ??
What if the trial court gives the judgement of divorce to husband though he has not proved the mentioned ground successfully but only shown his strong wish for divorce, can one go to upper court? What type of application is required ? Appeal or revision? Is the appeal in high court possible if the trial court gives such a judgement ?
adv. rajeev ( rajoo )
(Expert) 25 March 2010
If only on the basis of the wish of the husband divorce is granted then against the judgement appeal lies.
Querist :
Anonymous
(Querist) 25 March 2010
If such a appeal is accepted by high court against such judgements then will the whole petition start afresh or only few facts of the case are noted to argue? I think in revision only few facts are discussed. How much time bombay court generally takes to decide such matter approx though not exact?
