Dear Experts,
I filed divorce case in 2011 however compromise done and I gave my consent to withdraw the case to my counsel. My counsel told that case is withdrawn.
Later on in 2014 my wife caught in adultery and I filed divorce case in my native place (marriage took place there) as against place where I was working as it was a bit tough task to appear before court where you visit for company work. I had reason to beleive that the case of 2011 had been withdrawn as it was also time barred (more than 3 years). Later on opposite party brought to the notice of the court where I filed petition in 2014 that the case was dismissed on 05/05/2014 and I filed divorce case on 17/04/2014 resulting in 18 overlapping days. They sought dismissal of case on this ground as false affidavit. In the order for dismissal of 2011 case it was written by the court that case is dismissed as no one appeared since inception.
Now my question is:-
1. Whether my second case which was having overlapping period is liable to be dismissed on this ground. We disclosed in affidavit (before cross quesiton) also that it was bonafide mistake. Can someone provide me section for the same. My counsel say may or may not.
2. If case is dismissed on this ground only can I file the divorce case again instead of going to High Court. If yes, can I file at place where the adultery taken place and my wife and me last resided together.
3. Can Court initiate prejury proceeding on this ground against me even if I have disclosed the same in affidavit and did not take any benefit out of the case filed in 2011.
Expert may share there view please.
Regards,
Dhiraj
