Can any Respected Expert suggest me what I do or what will be the best possible legal option is available to me in the following matter:
After 1 year of getting the decree of RCR u/s-9, I filed for Divorce in Delhi Family Court (as I am the resident of Delhi) and after 6 month my wife filed her Divorce case at Allahabad (as she is the resident of Allahabad). My wife sent a letter to Delhi Court for about not to attend the court proceedings at Delhi and challenge the Jurisdiction area). But the Delhi court has reject her application and send her summons to appear in Court personally and files her objection but non from her side was present as the court has sent her notices/summons thrice and finally declare the proceedings Ex-parte. The court gave her ample opportunity to contest but she deliberately not to come at Delhi Court to defend her position. And after that the Delhi Family Court passed Ex-parte Divorce Decree in favor of me this year in the month of March, 2016.
In the meanwhile, I regular join her Divorce Case Proceedings at Allahabad and despite the knowledge of my Divorce Case at Delhi, the Allahabad Family Court continues their proceedings and the case is still in under trial. Even she files application u/s-24 after 1 year of filing her divorce petition. The Allahabad Court conducted mediation this year but fail. After that the court has been adjourned two times.
I send her Divorce Orders for her acknowledgement by registered post i.e. speed post and keep the track record. The Orders of the Divorcee from Delhi Family Court has comes in her knowledge.
Now my query is:
- Is the Allahabad Family Court entitled to continue the proceedings of Divorce Case after I getting the Divorce from Delhi Family Court as the case is same, party is same, the grounds is same only the Jurisdiction /State is different?
- If the Divorce Proceedings at Allahabad will be liable to dismiss/quash/set-aside then what will be the accurate procedure and the applicable law?
- What I do in that circumstances as the local Advocate of mine is not clear about this and no one clearly advice me/guide me what should I do next with the proceedings of Allahabad Court?
Yours expert advice/guidance help me a lot.
Thanks & Regards,