Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Aneesh Trivedi (Advocate)     22 July 2015

Divorce

Wife filed First divorce petition in 09.09.2009 which was dismissed by no intruction note,

second application file by wife in march 2014 in this she hide the facts of filling of first application, considering to this IS SECOND APPLICAITON IS MAINTAINBLE ?

On what grounds it can be dismissed ,

thanks for experts suggestions



Learning

 11 Replies

Adv. Chandrasekhar (Advocate)     22 July 2015

You compare the first petition with the second petition and if the grounds are same, then while replying the second petition, in "preliminary objections", you aver that she has not come with clean hands before the hon'ble court and suppressed the vital information and hence, argue that the second petition is not maintainable.

1 Like

Aneesh Trivedi (Advocate)     22 July 2015

sir on 20 july exparte is given to wife

Adv. Chandrasekhar (Advocate)     22 July 2015

If you want to contest her case, file an application immediately to set aside ex-parte order/decree, whichever may be the case.

ADVOCATE DIMPLE JINDAL (Advocate)     22 July 2015

You mean, your wife did not appear in the court after filling the divorcee petition for the second time and court have declared your wife as "Exparte" on last going 20th july, 2015?

Then what is the problem? suit will automatically be dismissed by the honourable judge.

ADVOCATE DIMPLE JINDAL (Advocate)     22 July 2015

If it is vice versa, then file an application immediately to set aside the exparte decree and contest the case.

legaljoe68 (member)     22 July 2015

MY WIFE HAS GOT EX PARTEE DIVORCE AGAINST ME ON THE GROUNDS OF CRUELTY, nOW A COMPROMISE IS REACHED BETWEEN US . i WANT THIS DECREE TO BE CANCELLED AS i AM A GOVT SERVANT AND CAN HAVE REPURCUSSIONS ON MY CAREER. CAN THIS DECREE BE CANCELLED OR MODIFIED .WHAT ARE THE OPTIONS AVAILABLE  WITH ME TO GET THE DECREE CANCELLED AND NEW DECREE ISSUED ON MUTUAL CONSENT

 

Adv. Chandrasekhar (Advocate)     22 July 2015

@legaljoe, what you should do is to file an application to set aside ex-parte decree and once it is set aside, then you both file fresh mutual consent divorce petition and get divorce.  It would take six months for MCD decree.

Aneesh Trivedi (Advocate)     23 July 2015

Wife filed First divorce petition in 09.09.2009 which was dismissed by note of  instruction.

second application filed by wife in march 2014 for divorce in same court.

In this she hide the facts of filling of first application.

i delibrately refuses the summon, as 498A was under trial, after publication she got ex parte on 20 july now i appear in next week and set aside her ex parte order.

for that i need points for objection

so i had asked Is second application is maintaible as first was dismissed by same court by note of no instruction and wife was not willing to proceed furthur [ this was the case in first divorce apploication]

in present application she hide the fact that she had already filed prior to this one and that was send back to record room by note from judge as i stated above.

she also hide the fact that i won section 09 in feb 2010, after that i filed for execution of section 09 and now the execution case is in high court. she also hide the fact that 498A is running and she has given her evidence , during the pedency of 498A she was living with me and gave birth to female child.. so she has not appeared before the court with clean hands....

over this i need help from experts ... give point to set aside the exparte and do dismiss her divorcr application note that i want to give her diovorce on my condition that is on the basis of cruelty of 498A and not on her conditions, so please help me over here,

[ she filed this only to harrase me, I dont want to give her divorce till 498A is pending , i am working on the strategy of false 498a case, after this set aside  and i won 498A i file counter case as she filed false cases,]

 

Aneesh Trivedi (Advocate)     02 August 2015

please add your views as date of hearing is coming soon in next days.

 

prabhakar advocate (advocate)     03 August 2015

 

From the dismissal of her first divorce petitin to next divorce petition, there is a gap of 5 years.  Hence, she can add the further grounds. Otherwise also, you got S. 9 RCR in your favour and within one year, it could not be executed.  On this very ground, she can file divorce petition and can get divorce.  Yes, it is possible, even RCR decree is against her, she can get the benefit out of it by putting averment that there was no cohabitation within one year from the date of decree.  The court cannot refuse her divorce petition on this ground saying that she is erring party and hence cannot get advantage of it.

Prabhakar Advocate (M) 9958670740

Legal Aid Panelist - Central Delhi (Tis Hazari).

 

Aneesh Trivedi (Advocate)     03 August 2015

Originally posted by : prabhakar advocate

 

From the dismissal of her first divorce petitin to next divorce petition, there is a gap of 5 years. 

first petition was filed in sep 09 and sent back to record room in march 2011 by the note that wife father dont want to continue furthur,

Hence, she can add the further grounds. Otherwise also, you got S. 9 RCR in your favour and within one year,

I won rcr in feb 2010

it could not be executed. 

she came back in april 2010

On this very ground, she can file divorce petition and can get divorce.  Yes, it is possible, even RCR decree is against her,

she can get the benefit out of it by putting averment that there was no cohabitation within one year from the date of decree.

she made this ground but later her advocate corrected it but not mention the time and dates when and where she resides with husband.

  The court cannot refuse her divorce petition on this ground saying that she is erring party and hence cannot get advantage of it.

refuse of divorce petion on what ground is possible?

or on what ground the second petion will not maintalbe:

Note: i  applied for execution in march 13 she left me in june 11

she hide the fact of section 09, of her first diovrce petition and about her 498A which is still under trial and she is coming to gave her evidences.

this is my querry.

thanks to -----
Prabhakar Advocate (M) 9958670740

Legal Aid Panelist - Central Delhi (Tis Hazari).

 

 


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