Citation required
LOKENDRA KUMAR
(Querist) 23 September 2016
This query is : Resolved
Dear Sir / Ma'am,
There is a plaint of The Guardians and Wards Act, 1890 which we filed in Noida court from mothers side seeking permanent custody of child residing with mother and studying in Noida only.
In this suit opponent party father of child has not served summons since last 2 year by any means, used by court from CPC order IV.
Now after 2 years he has filed a suit seeking for custody of child in his home town court in Rajasthan.
Please Note: Parents of wife are also residing in same town but wife and child is residing in Noida only).
According to section 9(a) of GW Act court of Noida is having jurisdiction in this case as child is studying here (age of child is 9 years).
Please help to find answer of below questions -
As per law 2 lawsuits can not be filed for same cause of action in different courts, but I am not able find what is deciding factor for it which court will run the trial (will of depend on old case vs new case ?)
Please help me to get this law clarified (some reference appreciated) and some appropriate citations on this law.
Thank You so much in advance,
Lokendra
R.K Nanda
(Expert) 23 September 2016
Citations not supplied.
Rajendra K Goyal
(Expert) 23 September 2016
citation / Judgment / reference cases / ruling / decided cases not supplied in this section
Kumar Doab
(Expert) 23 September 2016
The query does not graduate to such need.
Your own counsel may choose and cite.
Raj Kumar Makkad
(Expert) 23 September 2016
You need to file an application under section 10 of CPC before the court at Rajasthan seeking stay or subsequent petition between the same parties on the same cause of action. This shall suffice and there is no requirement of the judgments for this established legal provision. It shall be necessary to annex the certified copy of the petition filed by your sister and subsequent orders issuing repeated notice to your brother-in-law residing in Rajasthan.
Rajendra K Goyal
(Expert) 24 September 2016
Bring the fact of another suit in the knowledge of court / on court file and prey to dismiss suit in Rajasthan.
Raj Kumar Makkad
(Expert) 25 September 2016
Mere knowledge is not sufficient. You are required to move an application supported with the certified copy of subsequent suit with prayer to adjourn sine die the subsequent suit.
