(Guest)

What happens after dismissal of case

If a husband proves all the allegations fake and false and the Divorce or Annulment case of wife gets dismissed by the District Cout then can wife be able to go to HC with the same case and same grounds and allegations or she needs new grounds.Will HC entertain the case which is already been Dismissed by District Court in favour of Husband... If Yes then what precautions should a Husband can take to Show in HC...

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4 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice) 12 May 2014

Yes, she can file appeal.

you have to point out the evidence part which is your favor to the H.C.

To succeed in appeal, she must have substantial questions of law in her favor....means she must have some case in her favor, if there is nothing then certainly the H.C. may dismiss her appeal at admission stage....

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Advocate Bhartesh goyal (advocate) 12 May 2014

Wife can file appeal against the judgment of District judge and challenge the same on various grounds on facts and law both.If wife get succeed to prove the allegations then her appeal would be accepted and she will get the decree of divorce else her appeal would be dismissed.

(Guest)

thanks for reply Mahesh ji and Bhartesh ji.. i know that anyone can appeal in HC or SC but i want to know that when husband proves in court that allegations made by wife are false and fake and District court dismissed her case... in that situation will HC entertain her case on same grounds which had been dismissed by Dictrict court is submit the Proves ...