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Angel   17 April 2024

2 cases at different locations for same section

If wife has filled case under section 9 against her husband at her parents district. 

Later husband filed a case under same section 9 against wife but in another city. This is almost 21 days later his wife filed a case against him. 

But for the case filed by husband got court's date earlier than the case filed by wife.

In this case what should be done? Is it legal what husband has done? What court will do? Will second case cancelled by court as wife filed case earlier than husband? What action should wife take? 


 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 April 2024

Why did the wife file the case against her husband two times?  It is her fault in my view.

T. Kalaiselvan, Advocate (Advocate)     18 April 2024

As both the cases are filed in two different courts, both the cases will be tried on its own merits by the respective courts

Dr. J C Vashista (Advocate )     18 April 2024

Get other one of them (which you are representing) transferred to your location, if you are unable get your case decreed meanwhile.


P. Venu (Advocate)     18 April 2024

Each case would be tried and decided separately unless one party takes the initiative for a joint trial. However, why the cases when both the parties, admittedly, seeking each other's company and in the given situation there appears to be substantial cause of action?

Mr. Sumitra kumar (Advocate)     18 April 2024

This matter is hit by secton 10 of CPC(res sub-judice). You can file a petition for stay by citing that the same matter is under trial in another court.


Thank you.

P. Venu (Advocate)     18 April 2024

In my above posting, the concluding portion "..................and in the given situation there appears to be substantial cause of action?" may kindly be read as "and in the given situation there appears to be NO substantial cause of action".

The lapse is regretted.


T. Kalaiselvan, Advocate (Advocate)     20 April 2024

The petition that may be filed by the wife for transfer of your case within her jurisdiction would be entertained,  after that you may have to travel t her place for conduct of both the cases. But please be aware that you should be prepared to explain before court that how come you both differ in pricipals when you both filed petition to live together 

Shashi Dhara   22 April 2024

File petition to transfer the suit or to withdraw suit.

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