See in her divorce she can file an application for fresh notice and in divorce petition by husband she can file a reply denying his allegations and that she has already filed divorce and proof of same before the husband.

If both divorce petition have been filed in same court both can be clubbed together 

2) if filed in different cities then wife should apply to HC for transfer of petition 

As they (your daughter and her husband) wants to terminate the matrimonial knot, therefore,
You as well as daughter, is advised to try to settle the matter amicably with the husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and they both will be free to live life with your wish,

Usually, contested divorce on the grounds of mental cruelty, takes around 5/6 years for its disposal, therefore, mutual is advised.
 

If both parties agree for the mutual consent divorce,  you are advised to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid any legal complications in future,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

If you have send notice through registered post and returned with the note not received/refused, due service of notice as per Supreme Court.

Ask court to proceed ex parte, she can also avoid his diovrce petition notice.

Your daughter can serve the same with baliff or through paper publication.  The notice can also be served to place of his work or can be pasted outside conspicuous place of his residence. 

1. If both the suits are filed in the same court then the suits are to be amalgamated for its analogous hearing.

2. The application for analogous hearing is to be filed in the district court or high court or supreme court depending upon the situation.

3. Before that your daughter must appear in the suit filed by her husband and ask for ex parte hearing of her suit if her husband does not appear further.

Respected sir... 

If both parties want the divorce then it will much  better to file a divorce petition under section 13-B of HMA that is divorce with mutual consent that will avoid so much mental stress... And if you want to serve  your Summons then pick a boy that is called court procceser from the najir branch of the court he will diliver summons for you... 

Thank you

The 2nd petition is not maintainable. Your daughter shoukd engage a lawyer who would go to the court where the second petition is filed and tell the reasons for dismissing the petition as 2 petitions cannot go on simultaneously.

Regards 

Hi

What do you mean by "he didn't take notice" mean i.e., whether he refused to take it or is it returned un served on him ?

The above information is required in order to give proper suggestion.

In case, if the  same is returned due to the reason "refused" then court will set him exparte and give her divorce.

In case you took the notice of divorce petition filed by husband you have to appear and contest the case.  Further, she can file application for maintenance (if she is not working) till disposal of divorce petition.

Hello, 

She may continue with her petition 

If the husband does not appear before the court she may ask the court to proceed ex parte after following the due procedure 

If the husband has file the case then the daughter may appear before the said court and tell the court that the petiton has already been filed by her. 

Regards 

your daughter should file a petition in high court for transfer of case.

When both parties are ready, then they should opt for Divorce By Mutual Consent under Section 13B of the Hindu Marriage Act, 1955, by filing a petition under the same section before the Family Court

Since the court summons have been not served on the husband, the court may send the summons once again, if the addressee is not available in the said address, then the court may ask the petitioner to issue substituted service of summons i.e., by newspaper publication after which the court may pass an exparte divorce decree in favor of the petitioner.

If your daughter has received the summons for the divorce case he filed, let she appear before that court and state that there is already a divorce case pending before some other court filed by her hence to allow her to file a transfer petition to transfer this case to that court itself for joint trial of both the cases.

Dear

You can file an application under section 11 of CPC(Res Judicata) in the case filed by husband that a previous suit is already pending before Raipur Court between same parties and same subject matter that is divorce the court will dismiss the second case of divorce and ask him to contest the case filed by your daughter.

The application should be attached with copy of divorce petition and case file details.