LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vikas mishra (ADVOCATE)     08 December 2008

can wife file suit for divorce when husbund has filed suit for restitution of marriage

  Hi dear freinds I want to know can a wife file a suit for divorce, when a husbund has already filed a suit for restitution of conjugal rights, actually husbund has done this to only avoid maitainance, he ill treats wife and also beats her, will not the suit for divorce be barred by rejudicata. Please any body can help me?


Learning

 5 Replies

Ravi Kumar (Advocate)     08 December 2008

My dear Friend, She can ask for divorce in restitution of conjugal right by way of Counter claim.  She can file for divorce pettion and clubbed the restittion of conjugal right petition and Divorce pettion in one court Hall. 

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 December 2008

Yes bothe can be done. If the husband want to make seperate or avoid multiplicity of proceedings, then he better can file as a counter claim woth payment of Court Fee so that he can claim his right in the very ssame suit

Vijay Kumar (Advocate)     09 December 2008

See section 23A of HMA

K.C.Suresh (Advocate)     09 December 2008

My friends abswered. Both can be doen together.

N.K.Assumi (Advocate)     09 December 2008

it is like mercy petition after death sentence.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register