Pavan 12 February 2022

Divorce petition

My wife filed a divorce petition by hiding her 2nd marriage in 2020 Nov and I filed counter in March 2021 stating she had already done 2nd marriage(with proof of her 2nd marriage certificate) in the year 2019 praying marriage should be dissolved on basis of Bigamy but the judge tredy to give ex-party divorce in November by hiding my counter then I send my counter via email then judge kept my counter on record...

Query 1:Can she withdraws the divorce case? Can I contest her withdrawal since she already married and staying with his 2nd husband from past 3 years?

Query 2: Can I also file another divorce case?

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4 Replies

Adv. Mohit Chahal (Advocate) 13 February 2022

Answer1 : You may file Written Statement including your allegations and counter claim relief. However, petitioner may withdraw her case.

Answer 2 : In case of her withdrawal, you can file separate petition of Divorce.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site

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P. Venu (Advocate) 13 February 2022

" .........................but the judge tredy to give ex-party divorce in November by hiding my counter then I send my counter via email then judge kept my counter on record..."

The statement as above is less than convincing.

Dr J C Vashista (Advocate) 14 February 2022

The court has to consider all records before passing judgment / order.

If you have clinching evidence(s) for second marriage without divorce from first marriage, why did you not move complaint u/s 494 IPC ?

Not convinced.

What is the opinion and advise of your lawyer, if it is a true story ?

sonam ranjan 14 February 2022

Divorce is the worst thing that happens to anyone living, but to stay by bad marriage it’s better to live independently. Hiring a divorce lawyer will help you to deal with the challenges that you will go through the whole procedure