fathers_rights (professional) 19 October 2012

Dealing with parallel divorce petitions in different courts

Hi All,

I had earlier filed a petition under section 13b of the HMA based on charges of adultery and mental harrassment for a divorce. The case has heard couple of hearings and she nor her lawyer showed up but a representative from a local lawyers office came for the first hearing and mentioned the case being transferrred through the supreme court.

After sometime I received a notice from her family court under DV Act 2005 which probably means I need to show up or face a arrest warrant. The allegations against me are a copy of what I filed against her initially, that is mental harrasment, physical and mental abuse of the kids etc except the adultery part. There is also demand to disclose my assets. I have already given her huge sums of money towards maintenance. Can I turn this the other way around and ask her to declare her assets as well ?

Here are my questions :

1) If i claim divorce under ex parte and get it, how will that affect the DV case going on in her court ? Will one influence the other ?

2) Can I be subject to arrest when I show up for the hearing just because she filed a 498a a day before the hearing ?

3) How do i tackle this

thanks a lot for reading and looking forward to your interesting replies!

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6 Replies

Tajobsindia (Senior Partner ) 19 October 2012

Originally posted by : fathers_rights
	I had earlier filed a petition under section 13b of the HMA XXX but a representative from a local lawyers office came for the first hearing and mentioned the case being transferrred through the supreme court. XXX I received a notice from her family court under DV Act 2005 which probably means I need to show up or face a arrest warrant. XXX There is also demand to disclose my assets. I have already given her huge sums of money towards maintenance. Can I turn this the other way around and ask her to declare her assets as well ? Here are my questions : 1) If i claim divorce under ex parte and get it, how will that affect the DV case going on in her court ? Will one influence the other ? 2) Can I be subject to arrest when I show up for the hearing just because she filed a 498a a day before the hearing ? 3) How do i tackle this thanks a lot for reading and looking forward to your interesting replies!

Below are not ‘interesting reply’ but are legal replies;

The title of your post is confusing as no where in your thread you mentions that she has filed a divorce case at her jurisdiction except some local lawyer stating about SC transfer. Be it so, SC Registry sends transfer Order to your District Judge to act upon the same. Secondly has the local lawyer’s vakalatanma in file? Has his submission on records?

S. 13 B HMA is for divorce by mutual consent. Have both of you filed so? NO so get your facts clear first of all !

The DV Court has directed you to submit your income / assets details so that prime facie Orders can be passed. It seems you have not attended the Court hearings. If you claim to have paid maintenance money same needs to be expressed by way of a reply in concerned Court’s proceedings. You can bring evidences on record of payments and yes Notice to Produce under CPC can be filed for asking her to produce her bank details etc. under DV proceedings.

For your 1. If you manage ex parte divorce decree then same needs to be executed. Secondly the status of her DV case will not change, you still have to face the music there.

For your 2. What is the status of S. 498a you should tell first of all? Is it a complaint lying dust in a police station or turned into a FIR?

For your 3. Unless above clarified further suggestion may not be available for your thread post.

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fathers_rights (professional) 19 October 2012

Sorry about the confusing title, Ill try to be more clear:

I did file under Section 13B HMA. My lawyer said that if she comes down to the court I had filed , then the judge can direct us for counselling and there by we give it another shot or file for a mutual consent. If not, she can contest the charges.

I was the only person who appeard at the local court hearings. Only the first time, another lawyer "representing her" showed up without any valakanama or any papers and mentioned to the judge that a transfer has been filed at the supreme court. Again, my lawyer said that I could get divorce under Ex Parte if she does not show up for the next set of hearings.

Now regarding the DV, I just received a notice from her Judicial Family Court in which a prayer has been made that I should be restrianed from meeting her or our kids and I should pay maintenance and disclose my bank assets. There is no clear statement that she wants to file for a divorce.

The court hearing for DV case is yet to take place and I realize that if I dont attend, an arrest warrant will be issued due to contempt of court.

In terms of Sec 498a, nothing has been filed as there are no grounds for it. But from what I see in the forums, it is a free weapon to use by any woman and the husband is guilty until proven innocent.

So again my question is that will she or her lawyer file that a few days before the hearing for the DV takes place. If they can, then it would be convenient for them to get me arrested once I reach their jurisdiction in person.

From your answer I understand that the DV petition will be heard independently of whether I get an Ex Parte executed order or not in my family court.

Finally, I want to see my kids and I have been away from them for almost two years while she continues her affair and accomodates the guy into her house while the kids are around. How easy or difficult will it be for me to get legal custody or atleast visiting rights or be able to talk to them on the phone or internet chat ? They are a boy and girl and under 10 years.

Tajobsindia (Senior Partner ) 19 October 2012

I will talk of your rest of the question once I know clarity of S. 13B HMA which you again claim that you filed.

Or

Ask your lawyer to see this thread and ask me questions.

rajiv_lodha (zz) 20 October 2012

Sec 13B......................means MCD. U r wrong if its a contested case!

fathers_rights (professional) 20 October 2012

I am extremely sorry about the confusion. The petition i filed is based on section 13(a) and I have asked for a divorce stating mental cruelty. Does this come under mutual consent as well ?