Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Pavan   13 February 2022

Can two divorce petition be file by wife and husband

My wife filed a divorce petition with the wrong allegations and dragged the case by hiding her 2nd marriage.

 

Can I file another divorce petition parallel?



Learning

 9 Replies

Dibyakanti Modak   13 February 2022

yes as a counter claim while submitting your written statement.

Pavan   13 February 2022

Even if I submit a counter but she can withdraw her divorce case.

Can I file another separate divorce petition parallel?

 

Adv.Asgher Mahdi (Advocate)     13 February 2022

Absolutely not. If filed can be clubed into one.

1 Like

Advocate Bhartesh goyal (advocate)     13 February 2022

You need not to file another divorce petition,file reply of petition filed by your wife and take all objections and additional ground for divorce in reply.

 

 

 

1 Like

Pavan   13 February 2022

thanks for your reply sir.What if she withdraws case

Advocate Bhartesh goyal (advocate)     14 February 2022

If your wife withdraws the case in that situation  you can file divorce petition.

Manpreet Kaur (advocate)     14 February 2022

If wife has already filed divorce case you cannot file a separate case for the same issue.

Dr J C Vashista (Advocate)     15 February 2022

Whether notice of the divorce petition filed by wife has been issued to husband ? If so, there is no need to file another petition but to admit / accept it without prejudice to your rights and contentions.

However, if she intends to withdraw her divorce petition file your objections to withdrawal, even if objection declined, then move another (separate) petition for divorce. 

1 Like

Palak batra   15 February 2022

Dear Querist,

 

No, filing a second or parallel divorce proceeding is not maintainable; this is barred by law. Further, in the petition one can deny the wrong allegations put by the other spouse. 

 

It is difficult to legally dissolve a marriage instantly, for divorce under law there are only two procedures prescribed,

-So either with consent go for mutual divorce .

-If no consent divorce has to be consented.

 

Regards,

Palak


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