Damayanti (Unemployed) 31 December 2011

Limitation period for 'preliminary objection'

Wife files an application to ask for prohibitary injunction - against husband visiting wife's place to meet kid

Reason: Husband not paying maintenance awarded for kid but still visiting the wife's place to meet kid.

After that, for five months (3 hearing) pass by and no hearing whatsoever taken place (due to :Court on vacation, court busy in other matters)

Now, after above 3 hearings, husband taking preliminary objection on wife's application for prohibitary injunction that 'husband has already asked for visitation and the said application is pending the trial and hence sec 10 and sec 11 apply and there is issue estoppel as 'matter is sustantially the same'

Does limitation apply for 'preliminay objections'?

Husband should have filed his preliminary objection within 30 days but he has waited for 5 months and he can't take excuse that case itself was getting adjourned due to court's instructions.

His preliminary objection is not coupled with any delay condonation plea.

Please advise on "whether wife can ask court to reject 'husband's preliminary objection to her plea of injuction'?" for the reason of time bar/limitation

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 31 December 2011

%No. LImiation is not applicable to the preliminary objections to an application. 30 days is only for filing written statement.

N.K.Assumi (Advocate) 31 December 2011

I am of the view that under the statue of limitation there is a residuary provisions under Article 113 that is 3 years. As such, if the preliminary objections is whether it is against prohibitory, permanent or mandatory Injunctions the residuary article will be apply, that is 3 years.