Divorce and restitution both dismissed

I had applied for divorce after 6 months of marriage (you should have waited for 1 year to get over and then should have filed divorce, if you filed it right away, your divorce petition will be dismissed when it comes for hearing even after 1 year or even after 5 years or 6 years, whenever your case is heard, opposite party can object that petition was filed within 1 year.  Proviided application was given stating there had been considereable unbearable cruelty/exceptional hardship meted out from the wife hence giving application for seekind divorce u.s 14 of the Act.  Clearly your advocate has failed to do his work properly, court will look into matter when it comes to its notice, you cant blame court for not observing, court would have told your advocate to give separate application to this effect when petition was being filed within 1 year.  Now what you can do is formulate proper divorce petition to seek divorce in same family court.  You can apply for divorce again stating the above facts, court will look into the matter once again and decide case based on merits of the case.  or you can simply go for Mutual divorce, pay her one time alimony and take MCD, you get that instantly as already 6 years over for your marriage.)

on the ground of mental cruelty as she accused me of adultery and impotent and also harassed by her parents. Case was filed and registered by ADJ (Sr. Divn). But we did not file application to take leave of the court to file divorce within 1 year. Notices were issued to wife but returned unserved. After 11 months 25 days, case was transferred to Family court and Family court issued notice by RPAD and was served and wife appeared by 16 months of marriage and the case was contested by both parties for next 5 years living separately. In the next 5 years, wife filed RCR/125/498/DV agains me and my relatives. After providing all evidence on divorce and RCR, the family court ordered as below. 

1. Divorce - dismissed. Reason 1: No cruelty was observed within 6 months of marriage although filing of cases etc was happed after filing divorce. Reason 2: Application seeking leave was not filed for filing divorce within 1 year. 

2. RCR - Dismissed. Reason: Wife has filed so many cases against husband and his relatives and has deposed in 498 case to punish husband. Relationship between husband and wife have deteriorated lot and it is not appropriate to forcefully order RCR. 

 

QUERY: What is the recourse available to me to get divorce. Though section 14 says that "it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage", the court has entertained my divorce case for sweet 6 years and dismissed the same on the  ground on which it should not have registered the divorce case. 

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