There was a joint petition of divorce under section 13B Hindu Marriage Act filed by me and my wife in Indore M.P. in the year January 2011 wherein the next date of hearing for second motion was after six months, that is in July 2011. However, my wife didn’t appear for second motion but her advocate submitted an application for withdrawal of her consent.In January 2012 , she filed another divorce petition in Maharashtra under section 13(1)A of Hindu Marriage Act.The second petition of divorce was filed when the earlier petition was still pending in M.P.Then I submitted the objection in the Family Court of Mumbai Mahrashtra informing the court that already a petition under Section 13 B H.M Act is pending in M.P. Based upon my objections family court of Mumbai, closed the later petition by passing the following decree as per section 21 of Hindu Mariage Act that:
“Either of the petitioner or the respondent can move before the Supreme Court of India to get this case transferred from Family Court of Mumbai to Family Court of Indore, M.P. where the joint petition of the parties under Section 13 B is pending consideration. This case is being closed for the time being”
Based upon this order I moved to Hon’ble Supreme Court for transferring the divorce case from Mumbai to Indore but my transfer petition was dismissed by Supreme court.
Now, when both the divorce petitions are still pending, then based upon the dismissal of transfer petition by Supreme Court, my wife has filed a Miscellaneous Application under Section 151 of CPC ,in the Family Court of Mumbai to reopen the closed case by the Same Court.
My concern is that , I have already given the alimony and streedhan in the earlier divorce case in M.P., then if the case of Mumbai Family Court is reopened then it will be huge loss and inconvenience because my wife is seeking a very high amount of alimony in the later case. FYI she is a working lady and drawing more than Rs70,000 per month
My questions are:
1) Supreme court in its order has not ordered for reopening of closed case but that order is only a one liner that “This transfer petition is dismissed” .So will not the reopening of the later case be barred from provisions of Section 10 of CPC when the earlier divorce case is still open.
2) Under what section of CPC should I argue the matter (as I am appearing in person without any advocate ) in Family Court Mumbai so that my wife’s application for reopening of the closed case is dismissed.
3) Can somebody help me with some reference/Citation case of Supreme Court, etc related of the similar nature.
4) Your reply will be highly appreciated