HUSBAND FIRST FILED DIVORCE CASE, WIFE THEN FILES JS AFTER 10 MONTHS
3 years ago
Husband filed divorce in Mumbai family court in Jan 2020. Wife then files multiple police case, CWC case, High court Writ petition etc...fails all cases... then finally files Domestic violence case and Judicial separation in TamilNadu Family court in Nov 2020.
Now she has filed with the SC to transfer the mumbai divorce case to tamilnadu court.
Can there be both Divorce case and Judicial separation case be heard in the same tamil nadu court? Which case takes precedence and will the court drop the Judicial Separation case filed by the wife since the husband filed for divorce case 10 months before the JS case.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Both the divorce cases cannot run simultaneously in two courts. You can file a petition to transfer the case filed in Tamil Nadu case if you want it to be heard in Mumbai. It is on the court to transfer the case to the respective court. Further, the husband can make his petition strong for divorce by stating that these actions of the wife has caused him mental harassment. Regarding the domestic violence case the court will not take any action in the absence of concrete proof. Please rate this answer if you found this helpful.
The cases cannot run simultaneously in two courts. You can file a petition for transfer of the Tamil Nadu case if you want it to be heard in Mumbai stating your reasons of convenience and that it was first filed in Mumbai. It is on the court to transfer the case to the respective court. Further, the husband can make his petition strong for divorce by stating that these actions of the wife has caused him mental harassment. Regarding the domestic violence case the court will not take any action in the absence of concrete proof. Please rate this answer if you found this helpful.
Sanjay Kumar Jha
Responded 3 years ago
Your Divorce case may be transferred to TN.F.Court.
Judicial Separation has been filed with intension of not giving divorce.
Whereas ,if your ground would be justified then this may be in your favour, in the meantime you can file supplimentory petition stating all kinds of petitions filed against you which have failed at court can be considered as mental harassment by ur wife, hence that would also be one of the adding ground for Consideration of Divorce in ur favour.
If u find helpful then put rating
Thanks
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