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Indian sufferer (professional)     14 March 2015

Filed divorce again in z city

After dismiss of  DV case in her native i have filed divorce case in 2010  in my native just 40 km to her native..

sec 125 paying maintanvce also.

now suddenly by suppress all the facts dv case sec 125 she filed case  in Z city COURT 500 km away from my native  and filed petition divorce i am in adultary by giveing some x lady name demanding 50 lakh rupees.

SHE MENTIONED ALLEGATION SIMILAR TO DV CASE WHICH SHE IS NOT PROVED.

She submiitted address proff freshly opened bank account as addres proof.

since 2010 she playing fun with courts  .

in high court i have filed petition to dismiss case in Z city,

Please suggest what i have to do.

her plan is to extract money



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 March 2015

Sir, Once the divorce case pending she can ot file another divorce case .... You take this as a ground of cruelty as well in your present divorce case .... Regards Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate)     17 March 2015

This is a clear cut case of fraud played upon by her on you.  If she had suppressed the fact of pendency of the divorce case, she will be considered as cheating and not approaching the court with clean hands.  Allow her file an affidavit before that court after which you can file a perjury case also against her on the basis of that evidence.

Adv. Chandrasekhar (Advocate)     18 March 2015

Ur question is not clear.  If she filed a divorce case in Z city, then you have to see that Z meets the territorial jurisdiction principle - whether the marriage happened there or you both last lived together there or she has been living there at the time of filing the petition, then she is entitled to file the case there.  If you feel that place is far away from the place where you filed your divorce case, then move the appropriate court for transfer of her case. Failure to prove extramarital affair in DV case does not debar her to seek the divorce on adultery or cruelty arises out of such apprehensions.  As you also intended to get divorce, try to have break-up on agreeable terms. 


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