Husband files Two Divorce Petitions simultaneously in Two different States, HC quashes Divorce Decree

 

 

On Friday, the High Court of Karnataka quashed the divorce order of the Raichur Family Court as the petitioner was found to have filed divorce petition in the Courts of 2 states concealing the facts to the respective courts.

The petitioner from West Bengal, Anirban Das, worked at the Raichur industrial Development Centre. The Division bench headed by Justice Srinivas Harish Kumar & Justice T.G. Shivashankare Gowda stated that the petitioner had submitted divorce petition in courts of 2 states.

"The petitioner had submitted a petition at the Raichur Family Court in Karnataka even as his similar plea before the West Bengal court was in the stage of inquiry. The court in West Bengal quashed his petition & the Raichur Family Court granted divorce.

"Though, the petitioner did not continue his petition in one case, & got the orders from another court unilaterally. Hence, the court is quashing the divorce order of the Raichur Family court," the bench said.

The bench also said that "if the verdict of the family court is accepted, it is like giving judgment against the wife in a prejudiced manner. The court has directed the Raichur Family court to settle the case lawfully".

 

The wife, Dimpika Bhoumik, had submitted a petition to the Karnataka HC seeking quashing of the order of the Family Court.

Anirban Das & Dimpika Bhoumik got married in Jan 2019 & submitted divorce petition in January 2020 under the Special Marriages Act with Uttara Pargana District Family Court. When the matter was being heard, Anirban Das filed a divorce petition under the Hindu Marriage Act in Raichur Family Court also.

The summons issued by Raichur Family Court did not reach Dimpika & she did not attend the court proceedings. The family court had granted divorce to Anirban Das unilaterally. Dimpika had approached the Karnataka High Court challenging the order.

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(With input from news agency language)

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