Hello Expert Lawyers,
I am hoping to receive some valuable advise on this curious yet different incident happened to me. I am an NRI and currently fighting marriage nullity case against my wife on a marriage which lasted for only 5 days and never consummated. I had filed the nullity case in May 2011 in our local family court at Bhopal. Since than we tried to serve the notice to my wife who lives in Bangalore until November 2011, but they never accepted the notice or responded to our emails. Therefore, the court allowed us to publish the notice in one local and one national news paper, which we did in November 2011. In December 2011 my wife put a transfer petition to Supreme Court on the basis of being women and incapability of travelling, which she was granted in February 2012. The nullity case was then transferred to Bangalore Family Court and is now called for hearing.
We have very recently received another notice from Bangalore Family Court stating that my wife had also filed a divorce petition in the court at Bangalore in December 2011 amid knowing she has yet to respond to the nullity case filed by us and transferred to Bangalore on their own request.
My questions are:
- is it legal to file a divorce case in a court when you are already a respondent to similar nature of case and which you are willingly delaying?
- Would this not be called as a cheating to Supreme Court of India? i.e. requesting them to transfer the case on women ground without citing the information of this case in the Supreme Court proceedings?
- Is it possible to dissolve this case (filed by wife) on application citing reference to the long pending nullity case which was recently transferred to Bangalore?
This may look me asking too many questions but any guidance is greatly appreciated.