Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

s (Business)     21 January 2012

Can husband and wife file two separate divorce petitions??

Dear Shoneek and other members,

If a 498a-wife FINALLY files for a divorce on grounds of cruelty etc in her city, which is where the 498a/DV etc are in progress - is it possible that the husband files for another divorce petition in his city on different grounds (and also continue to contest the divorce petition filed by the wife) ?

If possible, I would really really really like her to 'experience' the joys of travelling to a different city to attend a court hearing - and even if the 2nd divorce petition doesnt serve much purpose - I would like to take this step as long as it is legally tenable and doesnt "impoverish" my case in any way.

 

Regards

LIB



Learning

 4 Replies

Sanjeev (Lawyer)     21 January 2012

it would not be possible as there is a clause that is generally included in the petition that there is no other divorce proceedings pending against any other court and even if filed the respondent can file a application after summons are served to the court concerned that there is already a petition pending in that case the subsequent one would be dismissed.

1 Like

s (Business)     21 January 2012

Thanks for the quick clarification Sanjeev!


(Guest)

@s

Try to create/identify some new suit which makes her travel.  

You could be the plaintiff in a wide variety of case covering one or more of:  Defamation, slander, emotional distress, cheating, cruelty, stealing , assault, attempted muder...to name a few. 

 


(Guest)
Originally posted by :Adam
"
@s

Try to create/identify some new suit which makes her travel.  

You could be the plaintiff in a wide variety of case covering one or more of:  Defamation, slander, emotional distress, cheating, cruelty, stealing , assault, attempted muder...to name a few. 

 
"

He said that 498a/DV cases are in progess... So, I think the scope for the above mentioned grounds will come only after he gets acquitted.  Even if you file another petition she can transfer it to her home town. Try to win 498a/DV, then you are left with a lot of options...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register