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NK   17 September 2021

After husband files divorce case first , can wife also file

Dear Experts,

I am thinking to file divorce case in my hometown -Lucknow , which is my hometown and marriage took place in same city only. 

Once i file divorce case in Lucknow and after my wife receives summon sent by my court , Does she has right to file a case after that in Delhi as well or she will have to fight case which is filed by me.

Regards.

 



 7 Replies

Banshi Lal   17 September 2021

wife can file suit 498A and DV case and husband can file suit cross case
1 Like

Deepak Chandoliya   17 September 2021

She can file, but you have to submit in court that a case of same cause has already been instituted by you and that if she wants a divorce then she can join that case and that her case must be dismissed. ... Also, in your case it will be beneficial as this proves that even she wants a divorce..

best of luck !!

Utkarsh Khanna   18 September 2021

she will file case in sec 498a 504 506 3/4 dp act and you have to fight it and she will cover all your family into this fir

NK   18 September 2021

Thanks for the reply Mr. Utkarsh , in my view she can not file FIR under 504 , 506 3/4 these are false allegations and there is no evidence even. But if i want ,surely i can because i have video recordings against her family members.

Utkarsh Khanna   19 September 2021

Soo you carry on firstly as there are are many fir against husband which wife file inthose section and high court quash that fir after the charge sheet comes..

Vishwa Bhushan Arya (Service)     20 September 2021

For initiating any suit, application, petition, or criminal complaint one needs a cause of action. Once you file a petition for divorce on a ground which you claim to exist in your favour as your cause of action; your wife if has a cause of action in her favour and against you, she may file be it may for divorce or criminal complaint u/s 498a or under DV Act or for maintenance depending upon the cause of action claimed by her. That is independent of the fact whether or not she has received the summons in your petition for divorce. Moreover, the mere fact that the marriage took place at Lucknow, for divorce jurisdiction in three places - one where the marriage took place, second where you and your wife last resided and thirdly where the wife is staying at present. So, encashing this, your wife may also file a file an application for transfer of your divorce case from lucknow to delhi.

Seema Joshi   20 September 2021

Wife can file TP in supreme court and gets matter transfer to the state where she stays and she can file maintenance DV if husband has property than share in that if she wana stat with him than sec 9 RCR

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