Husband and wife filed divorce in two different states

When she has filed the divorce case, and you also want divorce then what  is the problem ?

You just file an affidavit in the divorce proceedings filed in your wife that you deny all the allegations alleged by her but accept the divorce and court may be please to grant the divorce.

 

1. No 2.the case which was first filed shall continue and the case filed later shall be dismissed as similar case of same subject matter is pending in competent court of law. In divorce case it should be required to be checked in the light of HMAct.3. Yes you can approach but no purpose wotluld be served. 4. Date of filing is important. Non issuance of notice or non service does not affect. If required consult with details. Sidharth 9811776422

Originally posted by : LegalAdvice
	My wife filed 498a against me and 4 other family members in state A, all get ACB, therafter I went High Court to quash FIR as it was frivolous (as per me), HC stayed the FIR and matter is still pending in HC. State A is where we got married. My wife after 4 years of filing FIR filed divorce petiton in state B where she resides and work. I was not aware of her divorce petiton, and I also filed divorce in state A. She filed petiton a month prior to me. However, I havent received the summon notice yet from family court in state B. Her lawyer appeared family court in state A and plead for stay on my petiton. She is not ready for MCD. She want me to drag in state B, wreak vengeance and pressurise me to submit before her demands. I live and work in state C. It would be a great help if anyone please suggest/ advice on below : a) if trail in family court of different states go together?  Your wife or even you can approach the Supreme Court to have one of the matters transferred to the other state so that they can be heard together.  b) which petition will ,as per rule or circustamstances, be on trail. As one petiton has to be disposed. What are general guidelines for court for cases in two different states. Both Petitions have to be heard. Its not a matter of chance.  c) Can I approach high court/ Supreme court for disposing her application without waiting family court decision on stay? The family Court was wrong in even considering the Application for stay without there being an order from the SC to that effect.  d) what should I do before family court in State B to dispose her apllication as i havent received any summon and I havent made any reprentation there, family court in state B may give exparte verdict after few dates based on her version. Wait to be served. No court will give an ex-parte order without your wife satisfying the Court that you were served.  Thanks.

 

Sachin, thanks for replying.

Can court give decision/ any relief without listening to or giving oppurtunity to prove claim of other party? Wont it be difficult to for court to find grounds on which it will give relief to any party if they have some demands.

Thanks Sidharth for ur answers. 

4. Date of filing is important. Non issuance of notice or non-service does not affect.

as per my knowledge, In the same state HC can give ruling on divorce petition transfer, but do family courts have powers to decide/ rule in the case filed between the states?

Thanks Radhika for ur suggestions/opinion.

.b) which petition will, as per rule or circustamstances, be on trial. As one petition has to be disposed. What are general guidelines for court for cases in two different states?

Both Petitions have to be heard. Its not a matter of chance

I think it got miscommunicated, what i wanted to ask was that the two petitions for the same matter in two different states can’t go simultaneously (I understand this now). So one petition has to be transferred/disposed/quashed so that petitions on the same matter from both parties can be heard at one place. The query was ....what are the grounds/ circumstances/ rule/guideline on which it (transferred/disposed/quashed) ​ is decided.

c) Can I approach high court/ Supreme Court for disposing her application without waiting family court decision on stay?

The family Court was wrong in even considering the Application for stay without there being an order from the SC to that effect.

Want to clarify here that court hasn’t admitted pleading of STAY yet. My wife's lawyer asked for stay (She was not in court), but the court asked the lawyers to present the petitioner (wife) in the court first. It is next hearing in which this part will be decided.

Under which law u r seeking divorce ?

See if there is a specific provison for this situation in the Hindu Marriage Act ?

The subsequent petiton gets clubbed with the former. This applies to all petitions filed under this act, any section.

But as your's is a situation across two states (different highcourt jurisdictions), both may be heard and decided on merit. Parties may choose to get the causes clubbed or fight a wedgy battle at Supreme Court for case transfer. 

 

 

 

Regarding 498A false cases, there are many online and offline forums available now. Search them on out on google.