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Srikant N (owner)     23 June 2012

Can i file 2 separate divorce cases in two different town

Hello respected lawyers,

 

My wife lived with me only for 15 days & she left my house for more than 2.5 years now. I have filed a divorce suit based on desertation in my town.

My wife uncle came to my house & told she is suffering from kidney problem from past 10 years. After she stayed with me for 15 days she got some major problem of urine infection that is reason after consultation of doctor she & her family decided her not to send back to my home.

Yesterday I spoke with her & she also accepted she has kidney problem. Doctor has told her if she has s*x with me then severity of kidney disease will sure shot happen. 

This is main reason why she has deserted me. She is also got afraid of my parents, my relatives after marriage coz of her kidney problem will get reveal in my house thus she left house telling some reason & never returned even so much of my efforts to bring her back.

She & her uncle requested me on basis of "SYMPATHY" to withdraw my divorce petition.

Before marriage she has not revelead me about her kidney problem.

My marriage has been happened in a far away town from my house. Currently I her filed desertation case in my town, can I file another divorce petition based on fraud/cheat "ANNUALMENT OF MARRIAGE" in that town where my marriage happened? Since I have suffered a tremendous loss in terms of mental, physical & financial because of her. I want her to run behind court for multiple cases.



Learning

 14 Replies

Saurabh..V (Law Consultant)     23 June 2012

@Shrikant

 

Divorce needs to be allowed only once hence only one court which has correct jurisdiction over your case can accept your application.

 

Your knowledge about Annulment Of Marriage is correct. Such disease which lead to permanent discord amongst married couple should be disclosed by the suffering spouse to the other. In your case it is a valid ground for divorce.

 

//peace

/Saurabh..V

N.K.Assumi (Advocate)     24 June 2012

Choose only one forum.

Ramesh Potedar (Advocate)     24 June 2012

Only one divorce cases is needed to be filed. Annulment is possible only if you prove that she did not inform you about the disease before marriage.


(Guest)

both the case of cheat and divorce should be filed in the court of your current residence or locality.
first file case of cheating and take maximum compensation for the reason : " she and her relatives ruined your life ". and then file divorce case. you will surely get success.
if you lack evidence. collect evidence first for full proof. how to do? simple call his uncle at your house. put a recorder on of any device, start asking her why they don't told about this before marriage and they have ruined your life. ofcourse his uncle will say something like : we are sorry, please forgive us. and there you go. full proof evidence. and it will be good if you call father of you wife or mother or herself in the evidence audio.

thankyou.

Srikant N (owner)     24 June 2012

I am not a lawyer but please correct me if I am wrong:

Divorce case can be filed either

1. Where wife residance.

2. Area of juridiction of marriage happened.

3. Where couple stayed together (martimonial house)

I have filed divorce case based on desertation in my native i.e. so called matrimonial house.

 

Recently we got shock that she is avoiding me & my house since they wanted to hide her kidney problem. After over 2.5 years they kept hidden from me & my family. She has left my house with 15 days of marriage citing her father was ill, later she gave one or another reason, made us fear of law of false cases and just avoided to come-back even after mediators, elders failed I went to court for divorce.

Since it has been a tremendous suffering for me.

 

SInce I came to know recently about her kidney problem which has been persisting on her from past 10 years. Marriage happened 2.5 years back. Desertation has happened for past 2.5 years.

1. Now is it possible for me to file cheating case- annualment of marriage. Also my desertation case is running.

2. Can I file this cheating case where my marriage happened and not where I stay? Even I am ready to file case in her residence. Since it will cause a great shame for such a politically backed family causing s*it in my life.

Srikant N (owner)     25 June 2012

Kindly give advice..


(Guest)

You cannot file a seperate petition for annulment. You should amend your Divorce petition and pray for an alternative remedy of Annulment of Marriage.

Srikant N (owner)     25 June 2012

I have been cheated by a very well planned way. I am having a tremendous shock that my wife has a kidney problem past 10 years which I came to know after 2.5 years of marriage.

As far as i know annulment of marriage can be filed "WITHIN ONE YEAR OF MARRIAGE" but in my case more than 2 years have been passed. Another thing is it may not be possible to prove for me that she has kidney problem past 10 years. Her uncle aggreed before me but when it will come to court he may change statement. I want her to suffer more and more pain which I am went & going through. Maybe be after some more time I will come to know some more problems of my wife, I should be ready to get more shocked.

Where there is secret there is "hiding". I dont understand about her family how can they play a game with my life. What I have done wrong with them. Her house is almost 600 km away. Now she & her family expects "SYMPATHY" & expects me to withdraw case, by inducing fear, abuse & political power.

Manoj Choudhary (Advocate)     28 June 2012

You can file only 1 case for divorce.. You can also ament your petition with the facts which come to you now. Better contest your current case and get divorce. Try to get details of medical reports of your wife and openion of the doctor which might state that "Physical relation could severity of kidney disease will sure shot happen." This will help you.. Best of luck

Dilip (engg)     01 April 2014

My wife lived with me only for one year.During this period she use to always complain about pain in back.When asked about it she use to avoid going
into details and say its just a muscle pain.My inlaws also use to cunningly  avoid this topic.
After one year of marraige she had an urine infection which lasted for just 3 days (symtoms- mild fever).
As a husband I did all sort of investigations until I made a shocking discovery of her  kidney disease .
Her kidneys were impaired and shrunk.
I have around 22  reports with me which clearly states that she has this ailment from past many years or even from her childhood.
When Me and my parents started questioning her and her parents about this ,she left my house immediately.
Although I have all her reports in my hand she and her parents are not accepting the fact that she has this ailment from childhood.
I have taken opinion of 5 specialists ,who say that a short episode of urine infection which has happened only once after marraige cant damage her
kidneys to this extent.

 

Before marriage she or her parents has not revelead me about her kidney problem.

I have become a victim of a well planned cheating.
I want to file divorce based on all the medical proofs I have.
Can I get a divorce on this ground.
 

Nishant (BDE)     02 April 2014

Need Free On-call Legal Advice. Just give a missed call on 08010201301(toll free) or visit https://www.seekadvice.in/get-info.php

Nishant (BDE)     02 April 2014

Need Free On-call Legal Advice. Just give a missed call on 08010201301(toll free) or visit https://www.seekadvice.in/get-info.php

Nishant (BDE)     02 April 2014

Need Free On-call Legal Advice. Just give a missed call on 08010201301(toll free) or visit https://www.seekadvice.in/get-info.php

ALPESH (practice)     02 April 2014

you cannot file multiple suit for divorce as it will be stayed by the viture of section 10 of civil procedure code and you can file one suit only in town where mairrage was solemnized or place where you both resided after mairrage or are residing now


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