windowsxp 27 June 2016

Divorce case lost

Dear experts, My cousin has lost divorce case which he filed on cruelty grounds, 498a was stayed in hc, what next now? His wife telling she won't join him in his native and he is not ready to take her back, his lawyers cheated him by not filing some evidences now he can't file then in HC as well.. is there any time interval where she has to join him? If not what are his options? Regards Srini

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saravanan s (legal advisor) 27 June 2016

if possible try to arrive at a amicable solution by convincing her to withdraw her allegations and live together.if not neither can force the other to join the matrimonial home

windowsxp 27 June 2016

She has extra marital affairs, but he failed to collect evidence, by knowing this he cannot take her back, can he file a new petition after some time instead of going to hc immediately?

Vijay Raj Mahajan (Advocate) 28 June 2016

Fresh divorce case can only be filled if new facts and circumstance exists and for that one has to wait. The evidence that were not brought on record by the party in previous divorce case can be brought on record of the court in fresh divorce case along with fresh evidence on the new facts and circumstance.

windowsxp 28 June 2016

Okay thanks Vijay Raj, he has few fresh evidences which are not filed by his lawyer, but she took advantage of those and won the case, usually what will be the waiting period to file fresh divorce petition?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 29 June 2016

If you can manage to allege a ground of cruelty which might have taken place immediately after the dismissal of the divorce petition , you may do so right away . The time period you should appropriately wait depends on the nature of allegations in the fresh petition

Divorce case lost

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