Petition by wife under sec 9 of HMA
vinod bansal
(Querist) 30 October 2010
This query is : Resolved
R/Members LCI
My client's wife has filed a petition under section 9 of HMA earlier a joint petition was filed at Ambala for divorce by mutual consent,but at the time of 2nd motion statement after 6 month period,wife resile from her earlier statement and refused to give her conset for passing a decree by mutual consent,than husband contested this petition and prayed for passing a decree of divorce ,ultimately court on merits dismissed the joint petition and thereafter wife filed petition under sec 9 of HMA which is now pending for 13/11/2010 for summoning of Husband/respondent,summons are not received by husband till date.It is admitted case of parties that both are residing seprately since last more than two year.Now husband wants to file a divorce petition on the ground of sepration and cruelty.Wife is residing at Ambala and Husband is residing at Jind.Wife has filed petition at Ambala.Husband wants to file his petition at Jind.What is legal preposition regarding clubbing of both petition.Husband can file his fresh petition at Jind seprately or he have to seek/claim of divorce on the ground of desertion and cruelty in the petition under section 9 filed by his wife.if husband file petition at jind than district judge jind can direct the husband to contest and seek divorce by joining wife's petition at Ambala or wife have to move to Highcourt for transfer of husband petition at Ambala as she has filed her petition earlier to her husband. Kindly advice.Thanx
Devajyoti Barman
(Expert) 30 October 2010
The husband can either file afresh suit for divorce at his place or pray for the same relief in the same suit filed by the wife by raising counterclaim. If he chooses to file a fresh suit, the same in all likelihood would either be stayed or transferred to the court where RCR is pending.
vinod bansal
(Querist) 30 October 2010
Thanx Barman ji specially for a speedy response.
ashish lal
(Expert) 31 October 2010
An advice to Husband, seeking divorce on the ground of desertion may not sustainable in view of wife filing RCR.
You can file divorce petition in Jind and I dont think that it will be stayed
R.Ramachandran
(Expert) 31 October 2010
Yes, when the wife has filed a petition for RCR, the plea of the husband that she has deserted him will not be accepted by the Court.
bhupender sharma
(Expert) 01 November 2010
For transfer of the matrimonial suit u have to file a transfer petition before the the Hon'ble High of Punjab and Haryana under section 407 of the Code of Crimnal Procedre.
