Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anil Kumar (IT Professional)     14 April 2016

Divorce

Dear All Experts,

I have an query about on Divorce.

I filed the divorce at Delhi Court in 2014 on the ground of "Desertion" and "Cruelty". My wife has not joined the court proceedings and the Court has marked her ex-parte and pass the Divorce Decree in favor of me. 

On the other side my wife also filed the Domestic Violence Case in year 2014 and after 3 months she filed FIR U/s 498A. The primary investigation has been done and no Chargsheet has been filed yet (in present date/year). After filing the both she also filed the Divorce in Allahabad Family Court as she is residiant of Allahabad and I am from Delhi. I have joined all the proceedings of Allahabad Family Court the case still in process.

Now the Delhi Court (where I file Divorce first) pass the Divorce Decree. 

Question: What will be happen when I present the Divorce Decree in Allahabad Family Court whether my wife filed another divorce case. 

Will the Allahabad Family Court dismiiss her case or continue there proceedings. Will the Court honour another court Orders. 

What type of benefits the Allahabad Court will be awarded to my wife, if any provision?



Learning

 15 Replies

Vijay Raj Mahajan (Advocate)     14 April 2016

The decree of divorce drawn by one competent court that was not set aside will be taken in to consideration by another competent court and will dismiss the pending divorce petition with it, marking it as infructuous.

No purpose will be served by continuing another divorce petition between the parties if there exist an order for divorce between same parties by another court, Principle of Res judicata under section 11 of the Civil Procedure Code shall apply in such case.

Kapil Chandna (Lawyer at Supreme Court of India)     14 April 2016

Sir,

 

Since the matter has not been decided on merits the rule of res judicate will not be applicable to the divorce petition filed in the Allahabad Court. Yes, but the matter could be stayed and she may be asked to come before the Delhi Court and set aside the divorce decree here first ..

 

Warm Regards

Kapil Chandna Advocate

9899011450

Anil Kumar (IT Professional)     14 April 2016

One more thing I want to added here, 

Most important is, Before filing the Divorce in year 2014,  I filed the RCR U/s-9 in 2011 at Delhi Distt. & Session Court, Karkardooma (when my wife deserted me without any reason n cause in year 2011). The Delhi Court has served three noticed to appear in court and defend her  position but she delibrately ingnore the summons (while receiving the each summons, that are on the record of Court File)  and proceeded Ex-parte by the Delhi Court and the RCR Decree was in my favor in which the Hon'ble Delhi Court has directed my wife to restore her conjugal rights forthwith. But she did not comply the Orders.

After the waiting the period of 1 year, (i.e. the RCR order was passed in 2013) I filed for divorce in 2014 (as i write above). 

Also interesting thing is that she was well verse with my Divorce Case Status (fully aware) and communicate the court through post but Court did not consider her written communication (asleast she or her lawyer must present in the court once to defend her position) and The Hon'ble Family Court of Delhi (Shahdara) passed the Ex-parte Divorce Decree). 

Now her case status in Allahabad under trial.

What Should I do next. 


(Guest)
Without thinking just go for it... Your ground is cruelty if it is in decree you will definitely get help in other cases too

(Guest)
Without thinking just go for it... Your ground is cruelty if it is in decree you will definitely get help in other cases too

(Guest)
Another thing is she can file 498 a and other cases even after divorce for more assistance you can private message me

Mukesh sharma (job )     14 April 2016

hi you need to wait next decision of court that will be pass by court where your wife file again case and if new court reject your past order and its all depent on condition what your wife say in court and court check at all 

so you need to wait and hire family lawyer he will guide to best 

 

Vijay Raj Mahajan (Advocate)     15 April 2016

The divorce granted ex-parte was on merits as the Family Court considered your pleadings and evidence in support of your pleadings and based on this the order for divorce allowed to you. The respondent wife was given sufficient opportunity to defend the divorce case that she failed to do now she cannot come out and file a fresh case for divorce against you when already your marriage is not in existence (a marriage can be dissolved only if it is existing). The Allahabad Court will dismiss her divorce petition if the certified copy of the order and decree of divorce submitted to it by you, and this what you should do, just don't listen to all others who are simply confusing you here.

dr g balakrishnan (advocate/counsel supreme court)     15 April 2016

EX-parte decree can be set aside.

dr g balakrishnan (advocate/counsel supreme court)     15 April 2016

EX-parte decree can be set aside.reason is in exparte other party is not heard, that means failure of audi alteram partem. Art 14 prevails natural justice,

Praveen Kumar Attri   15 April 2016

Just submit a certified copy of ex parte order through Ur lawyer... Her petition vl be dismissed for sure.

Praveen Kumar Attri   15 April 2016

Just submit a certified copy of ex parte order through Ur lawyer... Her petition vl be dismissed for sure.

Praveen Kumar Attri   15 April 2016

Just submit a certified copy of ex parte order through Ur lawyer... Her petition vl be dismissed for sure.

sandeep (pvt service)     15 April 2016

ultimately both want divorce...so it doesnt matter which court has passed first..either she files second or he files first. goal of both is the same..


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