The divorce/annulment petition filed by wife on ground of my alleged impotency got dismissed after trial since I got medical certificate in my favour from the special medical constituted by court order on my application for my potent test.
Then she filed appeal in HC against family court judgement. As per my advocate it will also got dismissed based on the same medical certificate.
Now the issue is that I don't want to continue this relation after all such allegation and litigations, and want to get divorce on grounds like irretrievable break down. So, can I plead for divorce on new ground in counter for this appeal or should I wait untill the appeal got dismissed?
She is not ready for mutual divorce.
Hello!
If the appeal is pending and you feel that you cannot leave with her anymore then let your lawyer make a submission before the High Court when the matter is called out and if the High Court insists for filing of Affidavit for the same, then let your lawyer file it for you.
Furthermore, High Court might also refer back the case to the Family Court to look into the matter again, if you also wish to seek divorce.
Hope you have got the solution for your problems.
Regards
Adv. Rohit Dalmia
9324538481
