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bosco   20 November 2015

Clubbing of two cases

Dear Experts,

Wife left matrimonial home two years ago  leaving behind the  grown up children (boy and girl) age above 11years  with me and started abusing me and my parents.   There is a child custody case filed by wife.  children are happy with me than to go with her and well taken care by me.  And a divorce case filed by me.  both cases have seperate case no's,  The opposite lawyer clubbed the two cases and wants to hear both together.   Since they want to confuse  my  divorce case and child custody filed by my wife.  wife has also filed a DV for which no case number is allotted yet and not known what she has filed..

Can I make an application that the two cases are to be sepately heard since the divorce invoilves difference of opinions between husband and wife and child custody is seperate involving the children welfare?

Please guide.

Bosco.

 

 

 



Learning

 1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 November 2015

The two cases anyway cannot be tried together . They have separate causes of action . Confirm the facts first . Maybe he wants to get them listed N together which is quiet common

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