From the description given by you, it appears that your appeal against rejection of your divorce petition by lower court is pending in high court. At the same time, your wife has now filed for a divorce petition in the lower court. Thus, it appears that both of you are interested in divorce, though may be on different grounds. In these circumstances, it would be advisable to file a divorce petition by mutual consent, which can be decided much faster than a contested petition and in an amicable manner. If both parties agree for divorce by mutual consent, then after filing such petition by mutual consent, other two cases can be withdrawn.
The second option is that either of you can agree to the petition filed by the opposite party (since both petitions ultimately want divorce) and get the decree of divorce passed, and thereafter withdraw the other pending petition. The terms of divorce can be decided mutually.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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