Can A Boy And Girl Fike The Divorce Case At The Same Time

761 votes

If a mutual divorce is filed then there is no need if he files divorce petition on the other grounds then the respondent needs to file an answer to the divorce petition or take defence or file petition on the grounds as the case may be.

Advocate Karishma LawRato

546 votes

Technically, yes, the judge can pass a decree without contest if the case goes unchallenged. However, the judge may also award alimony to the wife, which could amount to a substantial sum. To contest the alimony amount or its terms, the husband would need to actively participate and present his case before the court.

Advocate Arinjay Bisht LawRato

972 votes

A similar divorce case pertaining to the same parties will not be entertained by the court. But the girl can always file a petition under section 12 DV or under 125 CrPC to claim maintenance for herself. For more legal assistance I am just a call away.

Advocate Jitender Singh LawRato

672 votes

Yes, they can file it. But no two petitions can run simultaneously as barred by the principle of res sub judice. One out of the two must go away and generally it is the one that's filed later. There are judgements to this effect as well.

Advocate Puneet Srivastava LawRato

933 votes

No, if one spouse (e.g., the husband) has already filed a divorce petition, the other spouse (e.g., the wife) cannot file a separate divorce petition on the same grounds while the first petition is pending. Here’s why: Key Points: No Simultaneous Divorce Petitions on Same Grounds: The family court will handle only one divorce petition between the same parties at a time. The wife can respond to the existing divorce petition filed by the husband and present her side in that case. Filing a Cross-Petition or Counter-Claim: Instead of filing a separate petition, the wife can file a counter-claim in the ongoing divorce case, seeking divorce on her preferred grounds or raising any other claims (e.g., alimony, child custody). Exception – Different Jurisdiction or Grounds: If the wife’s grounds for divorce are completely different and not covered in the husband’s petition (e.g., cruelty vs. desertion), she may consult her lawyer to explore filing a fresh petition in a different jurisdiction. Next Steps: Respond to the Pending Petition: File a written statement or counter-claim in the ongoing case. Seek Legal Advice: Work with your lawyer to address all your concerns in the existing case.

Advocate Rupal Dwivedi LawRato