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Toni123456 (Busines)     20 May 2017

Separate divorce cases by husband and wife

Respected Sirs and Madams. I have posted one before also (Toni)

If my wife filed a divorce case on me but I'm not officially told of it (nobody from Court has asked me to come but her neighbor, my relative tell me she has filed case). After some time after her I have also filed divorce against her beacuase of cruelty (and thinking of adding deserting to it in my other questions).

What will happen now. Two cases cannot go on in two Courts. Ok? Her is first in Meerut (not sure but that is what I have heard). Mine is next, in Delhi.

1. Will she get Stay on my Case? If yes, which Court will  give Stay, Meerut or Delhi?

2. Or will both cases be combined and both go on side by side? Which Court will combine both case and decide them?

3. Or will both case made one automatically  in mutual divorce because both want divorce? But different reason, she say (I think) my cruelty and me on her cruelty, how we both can be right?

4. What step should be my next step? Should I take some steps to find out her case and ask Court to combine both cases? I am worried if she gets some orders from Meerut Court without my knowing.

Please help expert advocates. My advocate sir says to wait and he will take care but I'm afraid to wait and not do,anything, if all things become out of control later. 

Please guide.



Learning

 3 Replies

Ms.Usha Kapoor (CEO)     20 May 2017

If parties, interests  and grounds etc are common in your mutual divorce petitions they'd be clubbed together and heard. Its better both of you go for MCD.

S.JEEVAGAN, Madurai. (Advocate, High court )     20 May 2017

Hello sir,

Your wife has filed a petition for divorce against you reportedly in Meerut Court whereas you have also subsequently filed a similar petition against your wife in Delhi Court. Your petition being for the same relief as that of your wife's one, it will be stayed under Section 10 of the Code of Civil Procedure by the Delhi Court at the instance of your wife.

Website :  https://www.jeevaganadvocate.com/ 

E.mail id  : jeevaganadvocate@gmail.com 

Cell Nos.   : +91  9842197855, 9842197857. 

 

A walk alone (-)     21 May 2017

When both want divorce better go MCD. Go in court where she has file divorce and say in court you also want divorce then file fresh MCD. Or you can approach her lawyer for MCD

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