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ZeroLife498 (na)     09 November 2014

Wife files divorce, husband proves allegations false



Hi,

Please, can someone clarify this query :-


1. Husband say H1  files for Divoce say D1 in Court C1.

2. Wife W1 gets summons and same day she also files Divorce case say D2 against H1 in another Court C2.

3.   Now, H1's D1 case is in trial mode.(mediation failed).

4. Wife's  Divorce D2 case was magically kept on hold as summons not issued.

5. Now, Husband goes to court and takes D2 notice.

6. Now, Wife also wants divorce  but her D2 is all FULL LIE.  Husband H1 has all  proofs in place.


D1,D2 : both cases all proper/strong proofs are with husband. 


Question :-

1.  Since,  Divorce case D1 and D2 is same district but in different court,

      1.1   : let it be like that and fight both cases separately.

     1.2  :   or get D1 clear first and ask wife's D2 on stay

     1.3. :  get D1 + D2 to be transferred to D1 court.  (if this is possible)

    1.4 :   or any other suggestion, which you think is good !


2. Say, Wife wants Divorce and  D2 case  starts.  but husband proves all her allegations are false and wins case,  so what is outcome of this ?  ...  Both wants divorce, but Wife is asking for Moon which is not possible. 

If Husband wins Divorce case D2, will court still grant him Divorce ?


3.  Wife is earning handsome  salary,  so which is recommended path which can be used by Husband so that W1 will not eat readymade icecream and njoy...   H1 and his family has done lifetime hardwork and W1 just got married only to eat that iceream.  [ W1 has given in writing H1 is not MAN but wants Moon from him.. :) .. which  is total lie] 

 

PS: already DV,498a cases in progress...



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 November 2014

Dear, Tell husband to file an application at D2 mentioning that D1 is pending and that court will stay the said D2 suit, and the husband should contest D1 properly. Since both the parties want divorcee, better file mutual consent divorcee. Adv kapil chandna, 9899011450

Adv. Chandrasekhar (Advocate)     09 November 2014

1.  Husband has to file an application intimating the D1 court about the divorce proceedings in D2 court and seek the transfer of that case from D2 to D1.  Wife files the reply seeking the transfer of the H1 case from D1 to D2.  If husband does not want to further prolong the matter agrees for that and H1 case will be transferred to D2 and continue from the stage where it transferred.  If husband insists that W1 should be transferred to D1 from D2, it is a frivolous argument and the matter lingers further, which the wife wants as per the facts narrated above.  You will not get stay of her divorce case, as she has also got equitable right to contest her case.  So, as per the provisions of HMA, such case of divorce by both the parties or divorce case filed by one party and RCR case filed by another party, shall be tried together to avoid conflicting decisions.

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