ZeroLife498 (na) 13 October 2014

Query about dismissing wifes divorce case

Hi,

just want to know if this is valid or not !

1. husband file divorce in court A
2. wife gets courts summons of divorce.
3. Now, wife also files divocrce in court B .. (even after she recivedf my summons)
4. My case proceeded, mediation fails. and now is about to go to merit. I have sufficient and clear proofs.
5. She kept her case on hold ...somehow .. I didn;'t got summon after 9monht also.
6. Now, I dont want her case to proceed as my case is already crossing counselling stage and serious allegations with proofs are well in place.

7. next date of her hearing is next week. so I am planning to go to court B and ask for divorce petion copy.
and immeidately file application saying " she has filed this case with unclean hands. and she got my divorce notice and then after that she has filed this case.   my case is already crossed counselling stage , so she has abused process of law and filed case without informing that already there is another divorce case which is in progress. , hence my prayer is please dismiss her case with reason that already divorce case is in progress and there should not be abuse of court process by filing multiple cases with same person and same reason.

if dismiss is not possible, I would pray to honorable court to put stay on this case, till my divorce case is complete. As my case is already crossed counseling which is failed and going to merit"

8. will this be accepted ? or how to dismiss her case ...

9. please feel free to suggest anything as well....    why I am pressing my case, is she has done so much crutely on paper as well as to my family, extended family .. with all proofs.. that She knows she can not escape anyhow...

on paper serious totally false allegations of I am not man... She got molested by family members ... and many more she has given in writing... and that amounts to cruelty ...

Please, your comments/guidance pls...

thanks,
FneV...

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4 Replies

great india (manager) 13 October 2014

Why u wanna complicate the situation. Its not mandatory for u to appear in her case.... Soon She'll file sec. 24 hma in yours . Also you can raise the query while taking her cross examination. So fikar not till maintenance issues are raised in either case. Dont hurry but keep an eye on her case.

Adv. Chandrasekhar (Advocate) 13 October 2014

In your situation Section 21 A of the HMAct applicable, which is:

21A. Power to transfer petitions in certain cases. (1) Where—

(a) a petition under this Act has been presented to a district court haying jurisdiction by a party to a marriage praying for a decree for judicial separation under Section 10 or for a decree of divorce under Section 13, and

(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under Section 10 or for a decree of divorce under Section 13 on any ground, whether in the same district court or in a different district court, in the same State or in a different State,

the petitions shall be dealt with as specified in Sub-section (2).

(2) In a case where Sub-section (1) applies,—

(a) if the petitions are presented to the same district court, both the petition shall be tried and heard together by that district court;

(b) if the petitions are presented to different district courts the petition presented later shall be transferred to the district court fn which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.

So, if both the courts fall in the same district, file transfer petition in the district court, if they are in different district courts, transfer petition lies in H.C.

ZeroLife498 (na) 14 October 2014

Sorry, my query is ...

1. is there way I can dismiss her petition with already case in progress.

2. if 1 is not possible, is there any way I can get STAY on her case, till my case is resolved.

I don't want to transfer or go ahead with her case...

Thanks a ton Respected Members for helping me out.... !!

fighting back (exec) 14 October 2014

so why are you worrying, since you too want a divorce, then let her case proceed exparte, she will also automatically get a divorce, and since you want it too. then why is there a tension