Divorce

The decree of divorce drawn by one competent court that was not set aside will be taken in to consideration by another competent court and will dismiss the pending divorce petition with it, marking it as infructuous.

No purpose will be served by continuing another divorce petition between the parties if there exist an order for divorce between same parties by another court, Principle of Res judicata under section 11 of the Civil Procedure Code shall apply in such case.

Sir,

Since the matter has not been decided on merits the rule of res judicate will not be applicable to the divorce petition filed in the Allahabad Court. Yes, but the matter could be stayed and she may be asked to come before the Delhi Court and set aside the divorce decree here first ..

Warm Regards

Kapil Chandna Advocate

9899011450

One more thing I want to added here, 

Most important is, Before filing the Divorce in year 2014,  I filed the RCR U/s-9 in 2011 at Delhi Distt. & Session Court, Karkardooma (when my wife deserted me without any reason n cause in year 2011). The Delhi Court has served three noticed to appear in court and defend her  position but she delibrately ingnore the summons (while receiving the each summons, that are on the record of Court File)  and proceeded Ex-parte by the Delhi Court and the RCR Decree was in my favor in which the Hon'ble Delhi Court has directed my wife to restore her conjugal rights forthwith. But she did not comply the Orders.

After the waiting the period of 1 year, (i.e. the RCR order was passed in 2013) I filed for divorce in 2014 (as i write above). 

Also interesting thing is that she was well verse with my Divorce Case Status (fully aware) and communicate the court through post but Court did not consider her written communication (asleast she or her lawyer must present in the court once to defend her position) and The Hon'ble Family Court of Delhi (Shahdara) passed the Ex-parte Divorce Decree). 

Now her case status in Allahabad under trial.

What Should I do next. 

hi you need to wait next decision of court that will be pass by court where your wife file again case and if new court reject your past order and its all depent on condition what your wife say in court and court check at all 

so you need to wait and hire family lawyer he will guide to best 

The divorce granted ex-parte was on merits as the Family Court considered your pleadings and evidence in support of your pleadings and based on this the order for divorce allowed to you. The respondent wife was given sufficient opportunity to defend the divorce case that she failed to do now she cannot come out and file a fresh case for divorce against you when already your marriage is not in existence (a marriage can be dissolved only if it is existing). The Allahabad Court will dismiss her divorce petition if the certified copy of the order and decree of divorce submitted to it by you, and this what you should do, just don't listen to all others who are simply confusing you here.

EX-parte decree can be set aside.

EX-parte decree can be set aside.reason is in exparte other party is not heard, that means failure of audi alteram partem. Art 14 prevails natural justice,

ultimately both want divorce...so it doesnt matter which court has passed first..either she files second or he files first. goal of both is the same..