Same petition filed in supreme court twice by concealing inf


Dear Learned Lawyers,

Please guide me in my Divorce Case.

My wife in 2016 moved Supreme Court for Transfer of Divorce Petition from Noida to Ludhiana. The Supreme Court denied transfer.

Now again, in 2019, she has moved Supreme Court for transfer of the same Divorce Petition. The registry could not reject the 2nd same petition as in her 2016 petition she wrote my name differently along with a different case number, and now in 2019 she writes the correct name and correct case number. In her list of events she has not mentioned the earlier petition.

Basis the aforesaid, she appeared in Supreme Court, in person. The wrong doing was highlighted to the Hon' bench of Judges who asked why she did so .................... she very calmly said "I am sorry", and the argument started.

The Court then asked my lawyer to intervene and mediate for a settlement and come back in a weeks time. The court said all cases will be dismissed if a settlement is drawn upon. My hearing is now on Monday 22nd April 2019. I offered 8 lacs for my 10-month marriage. I am already paying her Rs 15,000/- maintenance a month. I have so far paid her Rs 4.2 lacs towards Maintenance and Rs 2 lac to get bail from court under 498A charged on me. I have a DV case as well on me.

The mediation failed as she has not accepted Rs 8 lacs offered and is also not mentioning what she wants. Rs 8 lacs that i have committed will also be borrowed from family. I am a salaried employee. My lawyer has been continuously asking her what she wants. My lawyer has stated that she has been appointment by the Supreme Court to settle the issue between both parties, and that she can ask her lawyer to connect with her for a faster closure and settlement. She now states that her lawyer will argue the matter in the Supreme Court.

I am in a fix here and do not know what to do. Please advice way forward. What can be the possible outcomes by the Supreme Court? What should we do?

Regards,

G Singh

 
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The SC has then in the year 2016, rightly rejected the transfer of divorce petition because the new ruling that the wife can file all the proceedings from where she takes shelter or from her parents house too, came recently in the end of March or middle of April 2019. The error which you have noticed may be innocent or typographical error, hence condoned because she simply replied, "I am sorry". Now, with the help of your lawyer defend it to the best of your both's ability.
 
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Thank You for your prompt advice.

Does this mean that all retrospective cases can thus be allowed to be transfered?

I filed the case in Noida, she has not filed the case .......................... does the verdict still hold ground here?

Regards.

 
Reply   
 

I have mentioned the SC ruling for only your knowledge. But since your lawyer has been advised by the SC to meditate between the two opponents, so he will come up with some acceptable formula in consultation with her and her lawyer to present before the SC. (though SC has his own mediation team, but it may have assigned the job to both of your lawyers). However verdict may be by the local court.
 
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