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.
Asked in Family Law from Mumbai, Maharashtra
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
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.
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.
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.
Thank you for the replies. but its still really confusing.
i want to ask that will both cases be heard separately in, Mumbai & Gwalior or it will go on in Mumbai, as I have filled the petition first here (11th July & her in Gwalior on 13th July)? plus she filled the NC with police (to which i went & gave my statement to) on the 10th July based on which she filled the petition. my lawyer in gwalior says it will go on in both cities. plus if i file a plea in Gwalior that, i have already filed a case in Mumbai first then, wont it say that there is a nc filed against you first here so, u have to fight the case here as well? i am sure that, she wont go to supreme court to transfer my petition there & also she wont accept the summons from here (just like they rejected the notice by lawyer) saying that, she doesnt stay at the address mentioned. so wont i be harassed attending both courts (as i had accepted the summons & the copy sent by the police of the nc as well & even visited the police, to give my statement as required by them), till she is handed the summons as, the dates of hearing for both courts have already been declared (there its 26th sept. & here its 5th oct.)?
Asked 8 months ago
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
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.
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.