• Contested divorce under section 13 (1)

My wife and I both have filed a contested petitions (under section 13-1) each for divorce. I filed in Mumbai on, 11.7.16 n she did so in Gwalior on, 13.7.16. But, I had also sent her a notice asking to do it mutually which she rejected and told the postman that, they don't stay there. But she did receive the same via email n ignored it. 

Now I would like to know how would things proceed? She filed the petition on basis of a false NC (on 10.7.16) in Mahila thana, Gwalior saying we harassed n left her n asked her for a car. The cop has called me for keeping my side of things as well. But I want to know if both have filed contested petitions how will things proceed now n where (city) will the case be taken forward? Her petition mentions divorce under Sec. 13(1) n so does mine. Kindly put some light. 

Thank you, 
Karan.
Asked 4 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) wife will move SC for transfer of your divorce petition to Gwalior 

2) if she does not move SC and does not contest you woukd get exparte decree in 2 years 

3) if wife contests your divorce case it would take 5 years for petition to be disposed of in Bombay 


4) you should in reply to wife petition take plea that you hav e already filed  for divorce in Bombay 

Ajay Sethi
Advocate, Mumbai
23173 Answers
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Though the subsequent case on the same of cause of action and between the same parties is put under stay,in matrimonial cases the court proceed to make analogous hearing of both suits.
Hence either of you can apply for transfer of suit to that place for consolidated hearing to avoid conflict of decisions.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
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1. She may now file a transfer petition in the Supreme Court to have your divorce petition transferred to her place. Both the divorce petitions will be heard and decided separately on merits. 

2. If FIR gets lodged against you then apply for and obtain anticipatory bail. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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This is a divorce case filed by both against each other on the same grounds.

Under this situation since you have already filed but want to challenge her case filed on the same grounds, you may decide to file a petition stating that since you have filed a similar petition against her seeking the same relief, you are ready and willing to submit to the decree as prayed for by her in the petition. 

 You can attach your divorce petition copy to substantiate your claim. 

The court will decide and dispose the case immediately on that basis.  


All other related cases can be handled on this basis.

You can even withdraw the divorce case filed by you quoting the disposal of her case against you.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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both cases will be heard separately 

2) you can move SC for transfer of case to Mumbai but court would not grant you and releifs

3) if summons not served apply for substituted service ie by paper publication in local newspapers wherein she is residing 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
If you both are stubborn to proceed with each other's case without compromising for a mutual divorce, then both will go on before the respective courts.


You may have to appear in both the cases since you have received summons in he case filed be her.

If she is not attending the case filed by you then the court will decide about setting her exparte.

If she is intentionally avoiding to receive the summons in the case filed by you, you can obtain hand summons and serve the same to her before the court where she filed the case during the next hearing date, she cannot refuse to receive the summons before that court. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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She may apply for transfer of the divorce petition filed by you to her place. If your case is transferred to her place then both the cases will be heard and decided separately. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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