Can i file divorce now?
Happily Divorced
(Querist) 19 August 2014
This query is : Resolved
My wife has already filed divorce in her city with cruelty as the grounds. My case details can be found in this below link:
http://www.lawyersclubindia.com/forum/Why-hama-section-18--107564.asp#.U_LTcGP4tn8
My question is can I file divorce in my city on the basis of cruelty and desertion grounds now? I have ample proofs of her nuisance. Can two divorce proceedings run between the couple though the petitioners are different in their respective cases and so are their allegations? Is that permissible?
Is it like they know that I will file Divorce in my city based on cruelty of filing false cases on me so they filed first in-order to get my case transferred thru Supreme Court to their city by showing that they have a divorce petition lying in their city? Is that could be their strategy?
Mutual consent divorce is not possible as their expectation is out of my reach. I dont want to pay so much for a crook. So thats not an option. Comments please.
ajay sethi
(Expert) 19 August 2014
when your wife has already filed for divorce what sense it makes in your filing for divorce ? why you want to spend money on legal fees ? even if you file your wife will move HC or Sc to transfer case to her city.
fight existing Divorce case on merits
Happily Divorced
(Querist) 19 August 2014
Ajay
Sir, the sense is one woman can harass me so much, on top of that file false criminal cases and on top of that she can file divorce based on again false cruelty reasons.
And then all I can do is try proving her wrong by wasting my time, money and effort on false cases.
I want to file divorce case on facts and let her fight the divorce case on merits. I am not wasting money, I am fighting for what it is right. If I dont file, She can take back her case, and do ping-pong to waste the my time. I dont want to leave the ball in her court.
All I want to know is, can I file divorce case after receiving summons from my wife on her divorce case?
Advocate Ramesh
(Expert) 19 August 2014
Whether you appeared in court in which your wife filed a case. Before the First hearing you can file a case
Happily Divorced
(Querist) 19 August 2014
Ramesh Sir,
That is what I wanted to know. Thanks sir for the information.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 19 August 2014
Duplicity of petition for the same cause will be dismissed. Better suitably
Happily Divorced
(Querist) 19 August 2014
Jeevan Sir,
Kindly explain how the petitions are duplicate?
While her divorce petition is going on, I should defend myself from all the allegations( 13 ia) that my wife is levelling on me. If I let it go exparte, they will tarnish my image with false allegations in the divorce decree.
On the otherhand Once I file the case, I should prove her cruelty(13 ia)/desertion(13 ib)and win divorce decree.
I fail to understand how come both are same? The cause itself is not same. On one side it is to prevent the divorce on the otherside it is to obtain the divorce.
Devajyoti Barman
(Expert) 20 August 2014
I find no merit in filing another divorce proceeding.
You can in your reply of your wife's suit divorce suit file counter claim of divorce on your own ground.
Shonee Kapoor
(Expert) 21 August 2014
Even if you file a case; the same would be transferred to the city of the girl and both petitions would be clubbed. You would unnecessarily spend on two lawyers.
Ld. Barman has stated rightly; you can set your case of cruelty in reply to her divorce petition.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
