A little brief on the history of my case - My divorce petition was dismissed in the lower court and my previous lawyer did not file the appeal in the high court in prescribed time limit due to which there was a huge delay. Due to my work exigencies I was out of country and I could not do anything on the same. Upon my return, my new lawyer filed an application for condonation of delay which was accepted. Now since then, there have been 2 3 hearings wherein the case has reached the stage of negotiation for alimony. However the demand is exorbitant amount that is beyond my capacity. The judge has said that in the next hearing either we come to an agreement or he will consider the section 24 application for maintenance and give the next date which could be months later. My lawyer has suggested that we withdraw the divorce appeal and refile the case in the lower court. I just want to know if I can file the case again under the same section13 (cruelty) or not. The next hearing is on 6th Nov 2015. Wanted to seek some advise on further course of action.
