Co respondent
kumar
(Querist) 20 November 2012
This query is : Resolved
sir
i filed op to declare my marriage as null and void on the grounds that grils first marriage is still in subsistence. without giving divorce she has contracted second marriage.
my present problem is sir, while i filed OP petition my lawyer did not guided me to make first husband as co-respondent. i just called him as witness in my case. he came to the court as witness. my op petition was allowed in the trail court. immediately the other side prefered an appeal before AP High court. in that appeal she has not taken any plea with regard to making first husband as corespondent. her lawyer just orrally raised that ground and high court orally answered that there is no prejudice to the both the parties with regard to making first husband as corespondent as he came atleast as witness. but, now the girl filed again review petition in that she took corespondent's issue. last week it came on bench high court heard both sides and kept in reserve for judgment. High court has pointed the other side that why you have not taken in main grounds and why you are raising this as ground in review stage.
sir if the person comes as at least as witness, that evidence is not sufficient sir? making the first husband as corespondent is compulsory sir. but first husband came as witness in my case.
sir please provide any supreme court citation that when the first husband came as witness, it not ncessary to make him as corespondent.
Devajyoti Barman
(Expert) 20 November 2012
There is no requirement. The high court is already in your side and the Review would also be in your favour as well.
Raj Kumar Makkad
(Expert) 22 November 2012
The ball is now in the court of High Court wherein the arguments have been concluded and judgment has been reserved. What shall you do with the desired judgment?
Raj Kumar Makkad
(Expert) 22 November 2012
Your case is accurate otherwise to which High Court itself has raised while hearing argument so why are you so suspicious about Court?
