Can the applicants of a joint petition for divorce, later file an independent petition?

If a couple has already filed a joint petition for divorce and the petition is in the court for 5 months, can any of them still file an independent petition for divorce with allegations. In the joint petition, both the concerned parties had given up any claim or it was allegation free. Please give answers since a good friend is going through this situation. Thanks in advance.|||Once a Joint Petition for divorce is pending in the Family Court it is not good to file another independent Petition for divorce alleging wrongs of the other party as this will go against the person doing so.





The Joint Petition for Divorce is accompanied with Statement on oath of both parties where no allegation are made against each other, and in independent Petition for Divorce based on one or more of the grounds, alleging wrongs of other party will also be accompanying Statement of Petitioner in the form of Affidavit, thus two different statement made by same person not only amounts to Perjury it also show malafide intention of this Petitioner.





If the Joint Petition for Divorce fails for some reason, than either of the party to marriage may file independent Petition for Divorce wherein the complete failure of the previous Joint Petition because of the Respondent Spouse can be alleged and such an act made ground of mental cruelty on his/her part on the basis of which now divorce is being sought in a fresh independent divorce case.





In case either of the party seek some relief that was ignored at the time of filling joint Petition such as sharing of child custody or amount of Permanent Alimony or financial compensation or partition of the property between both, than these may be brought on record at the time of second motion, necessary amendment of pleading can be done as well fresh statement concerning any of these issues made in the Family Court.





If there is settlement between both parties than the court will not interfere in their settlement but if they are unable to do so than court may hear both parties and decide any of these issues accordingly before the joint petition for divorce is decided and decree of divorce issued.|||Filing for the offence of cruelty u/s 498A IPC is open for the wife anytime even during the pendency of joint petition for divorce by mutual consent.

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