Whether fresh Divorce case needs to be filed on fresh cause of action?
My brother and his family members have been framed under false 498-A/406 Case. My brother filed the Divorce case in family court and pleaded all instances of cruelty, which was dismissed in the month of March 2017. SUBSEQUENTLY, he and his family members get acquitted under 498-A/406 charges as prosecution miserably failed to prove the charges
Against Divorce order of family court, he is filing anappeal before the High Court under F.A.O but in divorce case, he could not place the acquittal order before the family court
In that scenario, what should be advisable?
- Whether he should file the fresh case before the family court on the basis of the acquittal order as fresh cause of action has taken place?
- Or he should file the Appeal against the family court under FAO and simulatenously file the frsh Divorce case before the family Court on the basis of acquittal Order?
