Divorce and Section9 of HMA against each other!
Querist :
Anonymous
(Querist) 05 March 2010
This query is : Resolved
Que.1.Husband filed a Divorce Petition in the Family Court to Counter Blast the Divorce wife Filed the Case in the Civil Court,
1a.Wife Got the RCR in her Favor Ex-Parte.
1b.But Husband did not obliged the RCR Judgement and he does not have any assets or Employment to attach,
1c.Since Divorce is Pending in the Family can the wife seek Quashing of Divorce Based on RCR in her Favor?
1d.If at all the Divorce is Quashed in the Family Court can Husband File any Appeal in the Higher Courts or in the Same Court?
Raj Kumar Makkad
(Expert) 05 March 2010
Your facts in Que no. 1 are self contradictory. Perhaps it is typographic error. Anyway you have asked that wife filed RCR which was decreed in her favour ex-parte whereas husband for just counterblast filed petition for divorce so what shall happen in that situation?
In your matter, wife shall have to contest the petition for seeking divorce by her husband and the decree passed in her favour shall be a major weapon in her hand. Family Courts grant decree of divorce in such matters only after fully satisfying themselves about the allegations levelled in the petition justifying passing of such decrees and as in the given case, RCR decree has already been passed in favour of wife so there is no hope of passing decree of divorce in favour of husband.
Querist :
Anonymous
(Querist) 05 March 2010
Sir, The First Question should be read as follows:
Que.1.Husband filed a Divorce Petition in the Family Court and to Counter Blast the Divorce Petition The wife Filed the RCR Case in the Civil Court within the same District,
Adv ramesh chheda
(Expert) 06 March 2010
yes can do so as on the similar issue there cannot be two diff litigation. now if there are multiple litigation on same issue by same parties then matter gets transferred in the court where first filing is done. So in this case, if husband has filed first case and wife has obtained exparte decree without disclosing this fact in such case husband can file application to set aside said exparte decree and then apply for transfer in his court . Also apply for perjury or contempt ag wife
Querist :
Anonymous
(Querist) 06 March 2010
Dear Experts, Even though I did not get the Perfect Reply on above query , I am Closing this Query, Thanks to all those who replied and going to reply.
