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Lakshminarasimhan (Manager)     04 February 2011

Dismisal of both Petitions

Dear friends,

I filed a divorce petition on grounds of cruelty in the High Court of Madras in December 2009. Notwithstanding, my wife filed a RCR at her native town of Arani, Tiruvannamalai District in Mar 2010. She also filed a Transfer Petition with a prayer that she is not financially strong and since she has 17 months ailing baby she cannot travel to the High Court for the hearing and hence requested the High Court to transfer the same to her native. I filed a counter in same month insisting that due my professional work pressures it would be not easy for me to travel and I also produced health reasons along with letters of warning from my management of my frequent leaves from work.This made the High court to give a judgement that the case has  to completed within a period of 8 weeks and that my presence shall be required only once during this period for cross examination.

The case finally came up for hearing in her town subordinate court in Nov 22 2010 and it dragged for another 2 months till 21 Jan when the final arguments took place. The judgement was deferred till 3 Feb.

I was surprised today as I heard from my lawyer that in her judgement the lady judge as dimissed both the cases . Can this ever happen? I have heard that either of the petitions are taken but this is first time that i heard of such judgements.

So I therefore seek responses from learned members as to what would be the next step? Can this be appealed at the high court of madras or would I have to file in the district court of her native.


Regards



Learning

 9 Replies

Out of Court (Consultant)     04 February 2011

Dear ...

whenever any petition being dismissed or allowed, there must be grounds/ observation by the Judges in either case and as mere information of dismissal without ny observations f th court do not enable ny expert to comment on th same, but its an established fact that u can move to apex court if dissatisfied by the court below observation ....

Be in Touch

Ajitabha Pandey

Out of Court

A Complete Legal and Paralegal Solutions.....

pandeyajitabha@gmail.com; caserecords@yahoo.com

Avnish Kaur (Consultant)     04 February 2011

file appeal in hc

Tajobsindia (Senior Partner )     04 February 2011

Oh, gr8 minds first care to ask this author what does the Order say as in ‘speaking’ 'reasoning' of concerned ld. Judge on ‘dismissal”? Hope both of you know that 'cryptic' dismissal of any suit is not allowed as per binding Law as laid down by SC!


Kyu becharey ko expensive appellate litigation mei force kar rahe hon when he himself does not know ‘reasons’ of dismissal of either and or both petitions? What will be his point of Law at appealate level !!!!!!!!!!!

 

Aab iss tarah ki bhi advise aap de rahi hain Ipod lene ke baad......wah, warrantee period mei than ki nahi Ipod (he he)

2 Like

Out of Court (Consultant)     04 February 2011

its true that relevent papers/ excrepts of th judgement  are very much required for pursual, but by no ways the author is refrained to institute appeal in the H.C, or a SLP in the S.C...

Lakshminarasimhan (Manager)     06 February 2011

Hi All,


I agree that the reasons for the dismissal of both the petition are yet to be understood.however, my questions are

1. Have such judgments been passed before?

2.If they have been, what are the reasons ?

3. My case orginated in HC of Madras and later transferred to her town subordinate court. Where will the next appeal be ?

4. Her case of RCR was filed after my divorce in the same subordinate court.Where will her appeal go next?

Hope these can be answered!!

Regards,

LN

Tajobsindia (Senior Partner )     06 February 2011

@ Author

Can you answer this que.?

Que.: There is a husband and there is a wife will they get divorce ?

If you can answer this ques. then think that experts can answer your question.

(It is advised to state the 'reasoning" part in dismassal of respective suis then seek answers.)

2 Like

Out of Court (Consultant)     06 February 2011

It become very difficult to answer when the problem is not properly understood.... Get the copy of judgement analysed by the expert in  either your acquaintaces, or by nearby expert..however you can also send a copy of the judgement to caserecords@yahoo.com

Lakshminarasimhan (Manager)     20 March 2012

Hello learned people,

I am writing again in this forum, with a hope that I 'll get an advice on my current situation. As per the above case, the same was transferred to District court after my x-wife filed an appeal. The judgement was passed in her side allowing her RCR and thereby dismissing my divorce.

I had meanwhile, filed another case on grounds of desertion and that is pending in enquiry.

I do not wish to go in for another appeal in the first case as I want to concentrate on the second case that I have filed.

Will there be any conflict if the first is not appealed against.?

Out of Court (Consultant)     20 March 2012

@author..i think that hardly would b any expert who can satisfy ur querry, kindley provide us th copy of the aforesaid order/judgmnt so that we can guide ur querry..7389631273

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