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kamalesh   15 April 2017

Divorce petition got dismissed by family court

Hi Experts, my divorce petition was based on cruaility which was dismissed by judge.. now what step I can take, can I file case again with some different ground e.g. desertion, marriage breakdown in same court.. or high court is only option.. my hometown is different from where I filed case.. can I file divorce case now from my hometown.. Thanks in advance for your valuable suggestion..



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 4 Replies

Rakesh Pullamcheru (Student)     15 April 2017

You can file Divorce petition either at your place of residence, at place of your husband/wife, at place of lastely resided or at place of marriage these all covers under jurisdiction.

The previous court might have dismissed your petition for reason of not having jurisdiction.

kamalesh   15 April 2017

Thanks Rakesh.. The reason for dismiss was reasons given for cruaility was not sufficient to grant divorce, thats why judge dismissed case..

It is now very critical as if going for fresh case if it is allowed as per law.. we know appeal perion to highcourt is 90 days.. if i go for fresh case file and later (after 4-5 month) it is found it is not allowed to go for repeat case again in same level court.. i will loose high court appeal option also... Seniours, experts pls help on this query.. my laywer says it is not allowed to file again in same level court and we have to go high court only..

A walk alone (-)     15 April 2017

Your case dismissed because of lack of evidence to prove allegations. Court need evidence to prove your allegations. Filing any allegations is easy but it's difficult to prove same.better first collect evidence then file case. If you again after 4-5 month file fresh petition without evidence it will again dismiss. If you want to appeal in HC but do it with evidence otherwise result will be same.
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Samarpan (M)99958670740 (Free legal advice and legal aid cell)     16 April 2017

Your lawyer is correct.  File appeal in HC..  Fresh case is not permitted.

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