quick (acc) 28 May 2015

Can any person file divorce for 2nd time if 1st ptn dismisse

Dear Experts,

I filed a divorce petiotion in the year 2007 for desertion and cruelty, 2008 court passed an exparte decree for non filing of counter by my wife, 2009 petition restored, for non showing of necessary proofs and to wife is readyto live with me the hon judge dissmissed the application in the year 2013, and i havent gone for any appeal

after my filing of the divorce petition in a 15 days time she filed a 498a case on me and my family members still pending,

My query is can i have one more chance to file a divorce petition coz still we dont have any contacts on the desertion grounds

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5 Replies

advprasad9028707127 28 May 2015

Yes. If there is change of circumstances. Lodging false case of 498a itself is the harrasment and cruelty to the husband by the hand of wife if there is long time desertion. On that ground u again can file Divorce petition against her.

Prashant Ghai (Advocate) (PrashantGhai.com) 29 May 2015

As rightly suggested, one can file a Divorce case again if there there is substantial change in circumstances which may attract diffirent grounds as well.