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Gaurav Bhatia (Techical Leader)     07 January 2016

Divorce - dismissed

Hello sir, 

My wife has filed 498A case against me and my family members. Procecution evidence has over and defence witness yet to start. 

I am paying 20,000/- per month towards monthly alomony to wife and 3 year old minor son who is staying with her. She left her matrimonial home on 23rd April, 2012 and since than we are living seperately. 

I filed divorce on grounds of mental cruelty. It was dismissed by sessions court.

I have attached CD + 65B certificate in my mother's evidence in divorce case. CD contains how my wife abusing my mother and myself and use derogatory statements like Randi etc. She also re-iterated so many times in CD that throw her outside the matrimonial home and if u failed to do so than i will left the home and stay with my parents.

We have also attached evidence given by wife in 498A case and most of the statementes were contradictory to what she said in her evidence during divorce case. 

Recently, SC has given order that if wife abuses her in-laws and uses words like prostitute than it is not called "Normal wear and tear" in matrimonial life and abusing in-laws will be the gorund for divorce. 

Can you please suggest what can i do now whether i should wait for 498A case to be disposed or i should file an appeal in high court and on these gounds whether HC accepts my appeal ? 

Kindly advise. 

 



Learning

 4 Replies

vishak (manager)     07 January 2016

dont waste time lest appeal period expired.

Gaurav Bhatia (Techical Leader)     07 January 2016

Hi sir, 

I don't get you. Shall i file for appeal in HC or wait for 498A to be decided on merit ?

Kindly share ur advise.

Sidharth   07 January 2016

You must appeal in HC. Can you share on what grounds session court rejected your divorce petition

Gaurav Bhatia (Techical Leader)     11 January 2016

Hi Sir,

My divorce is dismissed just because i didn't attach 65B certificate, transcriptt of CD and CD with the divorce petition. Opposite party objected for this late production of CD as evidence during trail but the judge has given her permisssion to produce and with judge permission only we produce it as evidence in court. 

Can u please advise whether high court will also reject my appeal on the same ground or not ?

 


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