Divvorcce filed by wife as well as husband
vishalkapur@hotmail.com
(Querist) 23 November 2013
This query is : Resolved
I filed divorce, she filed reply n prayed for rejection of my petition. I filed rejoinder. In next hearing i could not reach court. My lawyer also could not reach court. They pressed for dismissal of my case. The judge eventually dismissed my case in default. Within a month she filed for her divorce. In the meanwhile my lawyer also filed for restoration of my divorce case. The court restored my divorce peyition on cost. They moved sec24 appl. For interim maintenence. The court ordered maintenence a. Now , my question is whether can i file a joint appl. In both the divoorce petitions For granting divorce on the grounds that the marriage has irretrievable broken on both filing divorce on each other and she is using the law to settle personal
Scores agsinst me.
Devajyoti Barman
(Expert) 23 November 2013
Yes, you can pray for divorce but if the respective allegations are different then both of you have to prove your respective allegations which means full trial of the case.
Advocate M.Bhadra
(Expert) 23 November 2013
No need to continue two cases, you can file a Joint petition in the same Court for Divorce on Mutual consent.Alternately you can withdraw your suit and do not appear in the suit filed by your wife, in your absence she would get ex-parte order of Divorce then you can collect certified copy of order.These are the easiest ways.
Rajendra K Goyal
(Expert) 23 November 2013
Agree with the advise of expert Devajyoti Barman ji.
R.K Nanda
(Expert) 23 November 2013
nothing more to add.
ajay sethi
(Expert) 23 November 2013
agree with experts
Raj Kumar Makkad
(Expert) 23 November 2013
If consensus for filing joint petition is not possible then go ahead with your petition and pray for the dismissal of the second petition filed by your wife under section 10 of CPC as the issue of divorce between the same parties is already pending for disposal.
T. Kalaiselvan, Advocate
(Expert) 23 November 2013
Experts Barman and Makkad have given some valuable suggestions, you may follow their advise, in the alternative, a joint trial of both the cases can be sought if the pleadings and allegations are different to each other's case, or if she agrees to withdraw her petition and gives her consent submitting to the decree as prayed for by you in your petition, the divorce can be granted or vice-versa.
