Maintainabilty of divorce petition

Yes you can file afresh but it is required to be proceeded and may not be dismissed again and again in default for non-prosecution.

Yes, No restrictions,you can file afresh case.

Dear Querist

My opinion is different from obove other learned experts.

As per Order 9 Rule 9 of CPC, Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing afresh suit in respect of the same cause of action.

You need to show me the copy of earlier divorce petition , then only I would be able to tell you that how some facts may be extracted out of it and form a new cause of action by using time period passed since then in drafting a fresh divorce petition.

Feel free to contact for further clarifications.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


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