Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anil Kumar (IT Professional)     02 October 2016

Divorce proceedings in two state, how to quash

Can any Respected Expert suggest me what I do or what will be the best possible legal option is available to me in the following matter:

After 1 year of getting the decree of RCR u/s-9, I filed for Divorce in Delhi Family Court (as I am the resident of Delhi) and after 6 month my wife filed her Divorce case at Allahabad (as she is the resident of Allahabad). My wife sent a letter to Delhi Court for about not to attend the court proceedings at Delhi and challenge the Jurisdiction area). But the Delhi court has reject her application and send her summons to appear in Court personally and files her objection but non from her side was present as the court has sent her notices/summons thrice and finally declare the proceedings Ex-parte. The court gave her ample opportunity to contest but she deliberately not to come at Delhi Court to defend her position. And after that the Delhi Family Court passed Ex-parte Divorce Decree in favor of me this year in the month of March, 2016.

In the meanwhile, I regular join her Divorce Case Proceedings at Allahabad and despite the knowledge of my Divorce Case at Delhi, the Allahabad Family Court continues their proceedings and the case is still in under trial. Even she files application u/s-24 after 1 year of filing her divorce petition. The Allahabad Court conducted mediation this year but fail.  After that the court has been adjourned two times.

I send her Divorce Orders for her acknowledgement by registered post i.e. speed post and keep the track record. The Orders of the Divorcee from Delhi Family Court has comes in her knowledge.

Now my query is:

  • Is the Allahabad Family Court entitled to continue the proceedings of Divorce Case after I getting the Divorce from Delhi Family Court as the case is same, party is same, the grounds is same only the Jurisdiction /State is different?
  • If the Divorce Proceedings at Allahabad will be liable to dismiss/quash/set-aside then what will be the accurate procedure and the applicable law?
  • What I do in that circumstances as the local Advocate of mine is not clear about this and no one clearly advice me/guide me what should I do next with the proceedings of Allahabad Court?

Yours expert advice/guidance help me a lot.

Thanks & Regards,

 



Learning

 16 Replies


(Guest)
U were mad enough to attend Allahabad court case after getting exparte divorce decree at Delhi. The exparte decree of divorce is valid if she had qualms she could have gone for appeal in hc . Btw if she is not earning. She can ask permanent alimony u.s 125 crpc or pwdva at Allahabad court. U should give copy of exparte orders to Allahabad court.

Rajkumar Tiwari (Lawyer)     03 October 2016

In the next hearing submit your Ex-parte order of divorce and make application for dismissal of Divorce case at Allahabad.

Anil Kumar (IT Professional)     03 October 2016

Is any format of Dimiss of Divorce Petition on the above given grounds is available. If yes plz provide me the language. 

whatnot   03 October 2016

If Exparte decree is passed, First thing to do is have a beer.

Next for legality sake, submit the copy of decree @ allahbad court and state  you are agreeing to divorce based on enclosed document. But not for her prayers.

Guess court is biased. At the worst they will give another exparte favoruing your wife case.. So you will have 2 divorce for one marriage..

 

Let the matter die on it's own. Once court issed decree (allahbad) contest maintainance on its merits and win. Don't let it go in her favour.

Meantime update profile in matrimony site and find someone suitable and have ahppy married life.

 

 

Past will be a distant memory.

 


(Guest)
Don't u have a lawyer? Or u need one?

(Guest)
Don't u have a lawyer? Or u need one?

Anil Kumar (IT Professional)     03 October 2016

It is unfortunate my present lawyer at Allahabad is not cooperate me as I pay him well. Everytime he de-morlalize me. I have no other option as I change 4-5 times earlier at Allahabad.  

Yes I need a experienced & genuine lawyer for Allahabad Family Court on reasonable fee. I am ready to hire.

If somebody Legal Expert/Advocate quash my Divorce Case plz send me PM.

Himanshu Singhal   03 October 2016

Hey Anil, I have few things to advise you at the moment :-

A. Since you have got the ex-parte decree from Delhi Family Court, so you present that order in the Allahbad Family Court as soon as possible. 

B. Your matter has alreday beed decided. A matter being sub-judiced at two courts is not allowed under law. Get thr proceeding quashed at the Allahabad Family Court. Let the court know circumstance in an written application attached with the Delhi Family Courts's order and the Allahbad court will take it into consideration.

C. If you are in Delhi then get in touch with me on 9953321193, I have collegaues are dynamically good in Divorce law, ideally you should consult a divorce expert on immediate basis. 

Anil Kumar (IT Professional)     03 October 2016

The question I raise

Kya ek hi case par, ek hi party or hi legal ground par alag alag different state ki adalat alag alag faisla dengi. Or nahi to jahan se mera talaq hua he uske Order to me doosri adalat me kaise submit karoon. or wo adalat use doosri adalat ke faisle ko overlook karegi ya use continue rakhte hue current divorce (jo meri patni ne mere baad file kiya tha) ko khariz kar degi?

Anil Kumar (IT Professional)     03 October 2016

Himanshu Sir I note down your number and surely I will call u in evening. Is it convienent to you if I call you at 8:00 PM hrs.

A walk alone (-)     03 October 2016

You are foolish who attend her divorce case regularly. Now as you got exparty order just try to present that order in the Allahbad Family Court as soon as possible.

(Guest)
There are stupids and there are a new kind, u belong to the latter. Surely free advice has no value.

(Guest)
There are stupids and there are a new kind, u belong to the latter. Surely free advice has no value.

sai narayana   06 October 2016

Please marry as soon as possible so that if your ex-wife files Crpc 125, the burden of maintenance will be lesser if you prove that you are already re-married after the expiry of limitation from your divorce decree judgment.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query