Amit Kumar (Marketing Excecutive) 12 October 2015

File a new divorce case or reinstate previous case

hello all senior experts

A person filed a divorce case against cruelity against his wife U/S 13 on third hearing that case had been dismissed in default because of petitoner and his lawyer didnt appeared in court. It had been happend about 1 year before now can this person file a new case against her or have to reinstate that case again. His Lawyer didnt appeared nor he made petitioner to appear in front of judge so what can be the possibilities that can be done under this circumstances???

Please suggest as it is very important for that person to know.

Thanks in advance and waiting for replies

is there any rule that if petitioner didnt appeared in front of judge and judge dimissed that case so it wont be possible to file same case again??????

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3 Replies

Sourav Roy (-) 12 October 2015

Yes u can file fresh divorce suit...

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 October 2015

Family courts established on special emphasis is put on settling the disputes by mediation and conciliation. This ensures that the matter is solved by an agreement between both the parties and reduces the chances of any further conflict. The aim is to give priority to mutual agreement over the usual process of adjudication. In short, the aim of these courts is to form a congenial atmosphere where family disputes are resolved amicably. The cases are kept away from the trappings of a formal legal system. The shackles of a formal legal system and the regular process of adjudication causes unnecessary prolonging of the matter and the dispute can worsen over time. This can be a very traumatic experience for the families and lead to personal and financial losses that can have a devastating effect on human relations as well. This again points to the importance of having guidance counsellors and psychological experts to deal with such matters.so petitioner must attend while submission of petitions.

chandra mohan (power) 10 November 2015

If she had filed false cases on you then dont pay a single penny and ask her to file MCD if she agrees. Never take back 498a wife. Never encourage legal extortion. No to financial settlement. File some criminal cases against these fake family if possible. Pl join SIF and attend weekly meetings. filing divorce is very crucial matter so use it when your case is strong enough.