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wrecked79 (Programmer)     12 October 2013

Do i go for suo moto ?

I filed for divorce in Australia and my wife filed Injunction Proceedings Order 39 Rule 1&2 r/w Sec 151 in civil court in Patna asking me to stop with divorce. I did not get notice. So she went to High Court asking civil court to expedite proceedings and even get it passed ex-parte. High Court rejected her request. Meanwhile civil court has set a deadline in Dec. I knew all this information from her aunt who is sympathetic to my cause. She has somehow managed the family court registrar in ensuring that I dont receive the summons

Now, even if I had recd the summons I dont want to participate in this injunction proceedings as that might cause delay in my Australian divorce case. But my Australian divorce case can extend beyond Dec hence the problem

Can I ask Bihar High Court to pass a Suo Moto motion stating that do not entertain Injunction proceedings of any kind as my wife is already contesting divorce in Australia  ?  This way even if she wins the injunction in civil court, my divorce in India will be valid.

My wife is losing the divorce case in Australia so shes trying these stunts



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 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 October 2013

Dear Querist

you can easily bear the consultation fee of a lawyer, contact a lawyer personally 

wrecked79 (Programmer)     14 October 2013

I have already consulted several lawyers in India but not happy with the results. Their suggestions are 1) file for divorce in India 2) wait for the order to be passed in Inddia and then challenge it

Neither of the above solutions seem to be helpful or right one for my situation. There is got to be another one.

wrecked79 (Programmer)     14 October 2013

I just want to add that even I can't participate in the proceedings in civil court even if I wanted to as technically I have not received summons. 


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