Legal Question in Family Law in India
An application for judicial seperation was filed in 03/2009 . The Trial Court in Nov. 2010 decided to grant interim maintaince of Rs.8000/- per month from the date of filing Petition and litigation fee of Rs.10000/-. However, respondent filed an appeal in the High Court of Delhi which fixed the maintenance of Rs.6000/- p.m. The respondent has not paid the maintenance inspite filing execution as per the Court order. Now the respondent has filed a petition in another trial court where he is residing, seeking divorce.
It is requsted to please guide whether he can file a divorce case when the Petition filed by us in March, 2009 is still pending in the Trial Court
1 Answer from Attorneys
There is no legal bar that he can't file divorce if one year of marriage has lapsed.The place from where he has filed the case should be such as both of you must have resided there earlier. Otherwise his petition will be dismissed. Still if you get the notice you can argue that since the petition for judicial separation is already pending there is no point in contesting a new one for divorce. Secondly, pay attention to the execution proceeding and pray to court to pass appropriate order in this regard.
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