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mail (abc)     15 July 2010

is it possible to file a divorce case in two cities

sir, can a divorce case be filed in two cities by 2 parties.

that is, the wife files in assam and the husband files in berhampur?



Learning

 9 Replies

Arup (UNEMPLOYED)     15 July 2010

yes possible. but you can pray to bring both petition in the same court.


(Guest)

Sh. Arup ji,

For my education kindly advise;


1. Is it not going to be a 'cross case" ?
2. If the two suits are heard at Behrampur (suppose) then which party case will be heard first or both will be heard simultaneously :-) 


For mail@ abc


If both parties have right now respective suits before respective trial court(s) in respective States then this guy has to pray his transfer say before SC as it is intra State transfer of case and only SC has power to transfer either Suits nor respective trial courts....Right !


Filing case by respective party in respective cities as asked is not an issue before Law.


Rgds. 
P.S.: Infact when a women (read wife) files a case "National average says each women (read each wife) files minimum of 4 cases against husband (read with his family) when matrimony in animination stage and poor husband manages to file just 1 case against her, that also if child out of wedlock otherwise matter reaches settlement at one given point of time, thanks to a wise Court" :-))))
 

RUPESH SHRIVASTAVA (Chief 09827932335)     17 July 2010

Yes , divorce case may be filed in 2 city , where the parties resides last time , but 2 cases not maintenable at same time.


(Guest)

1. Both the cases are maintainable in respective States. Husband as petitioner in Behrampur is showing Jurisdiction based on he being petitioner and his place beign matrimonial home of spouse before she left for her parental home. So Wife staying at parental home in Assam State is showing her side of jurisdiction.


2. Further, choice to both of them exists which case to proceed (means go to trial stage). If wife does not attend Husband's Divorce suit in Behrampur then after due Court process it will be ex partied. In such case wife can always seek alimony from Behramput Court anytime at the stage of passing Decree. her main purpose of divorce is also solved and secondry some alimony is also sought.


3. Again further, if husband does not choose to join wife's divorce suit in Assam then it will also be ex partied and in such case wife can not only seek interim maint. but also file for alimony in Assam State. Whereas if she is not attending Behrampur (Orissa) State instituted divorce suit of husband she can't claim interim maint. becuase she choose not to attend is the resoning part. But for alimony yes she can still file there in Behrampur but she has to attend hearing on alimony.

All above are theory a sp er my understanding of Jurisdiction and cross cases. members may educate me if any.

For practical reasoning point of view:-:

1. We are not aware among them which case was filled first. Suppose wife filed first then she needs to approach SC for transfer of husband's case to her State showing practical travelling reason and or life and limbs threat which is normal plea wife's side normally take. Normally it is granted by SC. Hiccup here is she needs ot spend lots of money on SC filing which I may doubt she may do so.

2. Again above view is valid for Husband's side too as he has option to approach SC for transfer of wife's divorce case to his State and it all depends on his pocket but it may not happen as SC is more pro towards wife in transfer of matrimonial suits (be it various nature of is what I mean here) .

3. The interesting part here in transfer is that both and either if approach SC then it can also be ex partied if OP does not want to spend money before SC case hearings and yet the purpose is still respectively solved.

So in sum total it is a interesting cross case scenario but doable by respective party. These are my views. Members may further educate on this post with their correct position based on mixed facts of Law as per provided briefs and may quote Authorities for common education if any.

Rgds.

Arup (UNEMPLOYED)     17 July 2010

SH ARUN JI,

YES IT IS POSSIBLE.

BOTH THE CASE WILL RUN ACCORDING TO THEIR OWN PATH, UNTILL IT IS OBJECTED BY ONE PARTY.

WILL BE HEARED SIMULTENEOUSLY.


(Guest)

why u are asking hypothetical queries. file case first and get first come bargain offer. go to lawyer and file petiton. if u waste time being a male , u may land up in jail soon. contact expert criminal and matri lawyer fast. if u get petition approved first and serve summon on her first u have won half case.


(Guest)

IS IT A CASE of collusion? if so discuss it by pm.

valentine (Advocate)     20 July 2010

Will it not be re judicata?


(Guest)

@ Valentine

res Judicta - fantastic opening

But reading replies of this post where the Author vanished (just curious to know the line of action he / she taking for my education in such cross case scenarios).


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