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Divorce status is in expatriate status in Karnataka and mutual case TN


31-Jan-2023 (In Divorce Law)
The girl has filed a divorce case in Bangalore. The case status is in expatriate status. I mean, if I go to court in the next hearing - we will get the expatriate. The boy resides in Salem and Marriage was taken place in Tirpatur in Tamilnadu. Now the boy side has agreed to exchange the things in Tamilnadu if we agree for Mutual divorce in Tamilnadu. Is it possible to file a mutual case in Tamilnadu if we already running a divorce case that is in expatriate status? Is it Legal?.
Answers (3)

Answer #1
559 votes
You can’t have multiple cases for the same cause of action in different jurisdictions. If you wish to file one in TN, you will have to withdraw the present one in Bangalore , or have it transferred to TN.
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Advocate Priyanka Y

Adv. Priyanka Y

LawRato Bangalore / Bengaluru | 100+ Answers
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Answer #2
936 votes
Respected As you told the case is running at bengaluru and further both of you agreed to return of article. Do one thing, appear in Bengaluru case and refer matter to mediation at bengaluru and there before mediator you exchage the articles and give concent cor divorce if you want. Then agreement will be prepared and on that basis divorce will be ordered. No need of diling mutual divorce again. In this case only you do all above. As you informed the case status is exparte. You file an application to set aside the exparte order and proceed. If interested you can contact us.
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Advocate M Lakshmikanth Arya

Adv. M Lakshmikanth Arya

LawRatoBangalore / Bengaluru | 700+ Answers
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Answer #3
744 votes
hello, a separate application need to be filed for reappealling the ex parte with the proper reasons why the party in dispute was not able to attend the court hearing, in that way order given in the ex parte can be resolved.
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Advocate Anik

Adv. Anik

LawRatoBangalore / Bengaluru | 400+ Answers
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