Divorce filed under incorrect section, and now in trial stage..
swasti
(Querist) 04 November 2012
This query is : Resolved
Wife filed divorce under incorrect section( HMA sec 13(1) on grounds mental cruelty & impotency). Now, the case reached in trial stage as both advocates and judge didn't try to correct it. So, what will be the end result? Who was responsible to notice it and correct it, the advocates or the judge? As a respondent can I do anything now to correct it?
Devajyoti Barman
(Expert) 05 November 2012
It is no vital mistake. It is relief , not the sections which are relevant.
Nomenclature never comes in the way while dispensing justice.
V R SHROFF
(Expert) 05 November 2012
being Respondent, why u want to help opponent WIFE??
tHOUGH IT IS NOT IMPORTANT, TAKE WHATEVER SMALL ADVANTAGE U GET DUE TO OPPONENT'S MISTAKE. DEFEND THAT SEC 13(1) CASE NOT MADE OUT AND PETITION CANNOT BE ALLOWED. BE REJECTED. No evidence lead to prove 13(1) HMA
JANAK RAJ VATSA
(Expert) 06 November 2012
exploit sit to your advantage instead of helping the OP
