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Can same case filed twice simultaneously


16-Dec-2023 (In Criminal Law)
I have one query my husband already filed for quashing 498A case in Punjab and Haryana high court in 2021.Now we signed our first motion . Can he file quashing case again on divorce basis . Old quash case is still on and date is feb 2024. I mean is it possible to file same case again without withdrawal of first case
Answers (1)

Answer #1
776 votes
No. Second case is not maintainable where first one is subsisting. Since, quashing is already pending for hearing, your husband need not to file fresh case again. But he needs to apprise the court regarding factum of divorce. He would get relief on the basis of first motion.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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