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Divorce suite by both wife and husband in different courts
21-Mar-2026 (In Divorce Law)
My daughter filed for divorce in Alipore judge court on 2nd February 26 and subsequently her estranged husband filed divorce in Howrah court on March 26.Which one will stand in court.
see since both the matters were filed seeking divorce, there must be allegations against both of them by the other. Obviously, those allegations will be different from each other. since your daughter has filed the suit earlier that would go into trial. the second suit filed by the husband will be stated.
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Adv. Ritam Banerjee
Adv. Ritam Banerjee
Barasat | 50+ Answers
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As per settled principles of law, the petition filed first in point of time will ordinarily take precedence. Since your daughter has already filed the divorce petition before the Alipore Court on 2nd February, the subsequent petition filed by the husband in Howrah on 26th March is liable to be stayed under Section 10 of the Code of Civil Procedure (doctrine of res sub judice), provided both matters involve the same parties and relief.
Further, under Section 19 of the Hindu Marriage Act, jurisdiction depends on factors like place of marriage, last matrimonial residence, or where the wife resides. If Alipore Court has proper jurisdiction, your daughter’s case is maintainable.
You may file an application before the Howrah Court seeking stay of proceedings or approach the Hon’ble High Court for transfer of the later case to Alipore to avoid conflicting judgments.
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Adv. Atanu Patra
Adv. Atanu Patra
Kolkata | 50+ Answers
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Under principles applied by courts (and specifically under Section 21A of the Hindu Marriage Act when applicable):
The petition filed earlier gets priority.
The subsequent petition is normally transferred to the court where the first petition is pending.
Both matters are then heard together to avoid conflicting judgments.
Therefore
The Alipore case (filed on 2 February) will generally stand.
The Howrah case can be transferred to Alipore upon an application.
What your daughter should do
Your daughter (or her lawyer) can:
File a transfer application before the appropriate court (District Court/High Court depending on jurisdiction), OR
Inform the Howrah court that a prior proceeding is pending and seek transfer/stay.
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Adv. Shubham Agarwal
Adv. Shubham Agarwal
Howrah | 50+ Answers
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Filling any case requires proper jurisdiction within the court. The petitioner's address must be under the jurisdiction of the filling court. If both parties have filed the case on the same issue, the petition who filled first will be valid and the other one will be cancelled after informing the concerned court of the fact with valid proof.
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Adv. Dhrubajit Karmakar
Adv. Dhrubajit Karmakar
Siliguri | 25+ Answers
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Your daughter’s case filed earlier in Alipore Court will generally have priority. Since the matter between the same parties is already pending, the subsequent case filed by the husband in Howrah Court can be challenged and is likely to be stayed under the principle of res sub judice.
Your daughter may also file an application to transfer the Howrah case to Alipore Court to avoid parallel proceedings and ensure convenience. It is advisable to take appropriate legal steps through a lawyer.
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Adv. Roma Roy
Adv. Roma Roy
CoochBehar | 25+ Answers
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