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Test   16 June 2017

Lost divorce case, what are next options

I was married for 18 months, during which my husband and his parents have tortured me mentally, physically and harassed me and my parents for additional dowry after which I came out and lived with my parents. Later filed 498 and divorce petition under cruelty and dowry harassment. They have got stay order from high court for 498 and ever since it never moved. After 4 years of battle unfortunately I lost the divorce case failing to prove their cruelty as I did not have any evidence such as doctor certificate to prove physical bruises etc (thats what the Judge has said) or any proofs to prove his cruelty. He has filed RCR also, now that divorce is not granted I assume he won RCR (divorce case and RCR were eventually clubbed in between in these 4 years). Judge has ordered to join him within 2 months. Clearly I cannot go through hell with him and want divorce. We dont have children and am not interested in alimony too. What are my options?



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 2 Replies

Advocate Suneel Moudgil (Advocate)     16 June 2017

Dear client,

First option, you can make appeal against Divorce case decision, which is the only option as per above facts explained by you,

secondly, you can join his company, however, you donot want to join but give this thought a second chance.

for further clarification you can call/mail me.

Born Fighter (xxx)     16 June 2017

Husbands case was strong on merits hence you lost the divorce case...lets be clear

Since u have filed for 498a chances of ur husband taking u back are next to impossible. He may have filed RCR but i doubt he will welcome u back as he does not have to pay u any maintenance after the verdict. If u did not want alimony then u should have asked for Mutual divorce than complicating ur case by filing 498 and contested divorce. 

I suggest approach husband for MCD without alimony. Lets hope he is not on revenge mode or else happy roaming to court for next few years


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