divorce

jayachandran (Querist) 15 November 2009 This query is : Resolved
Husband filed a divorce petition under HM Act in the jurisdictional court (where they last lived together) and divorce was ordered exparte (notice served on wife but did not appear)
Now, wife suppressing the fact, again filed a divorce petition and for alimony in the Family Court.
Is it permissible
What is the correct legal position, if the wife files a petition to set aside the exparte order in the jurisdictional court.
Can the wife file such a petition to set aside the exparte order, because she also wanted divorce.

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Raj Kumar Makkad (Expert) 15 November 2009
As the decree already has been passed so move an application under section 11 of CPC in the petition filed by her and get it dismissed at the initial stage without filing even written statement. Dont allow her to set aside the already settled petition.

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