What to do in appeal
Prakash
(Querist) 26 June 2014
This query is : Resolved
Ld counsels
husband filed annulment of marriage on the ground of fraud that financial conditions of father was misrepresented and wife unwillingly married without consent to marry. The case was dismissed during appeal husband came to know abt the love affair of wife. Can the facts related to love affair of wife be brought out in appeal will it be deemed as fresh cause of action if not whatis the right course whether amend the case or file a petition for additional evidence
thanks
Devajyoti Barman
(Expert) 26 June 2014
No new facts can be brought in appeal.
However he can apply for additional of facts under 41 rule 27 of cpc as this fact was not known to him earlier.
R.K Nanda
(Expert) 26 June 2014
yes, the facts related to love affair of wife can be brought out in appeal as u came to know about them right now.
T. Kalaiselvan, Advocate
(Expert) 28 June 2014
In my opinion, instead of wasting time, money and energy on such appeals without strong grounds, which again may turn out to be a futile exercise, better to go for dissolution of marriage by a decree divorce under the provisions of concerned law, if she is willing, a mutual consent divorce may also be tried, choice is yours, think.
