Can two separate petition be filed under diff. sec. of HMA

Querist : Anonymous (Querist) 15 June 2010 This query is : Resolved
My client has been filed div. pet. u/s 13 HMA since one year before taking grounds of cruelty. At that time he didn't know that his wife is previously married with other person and without decree of divorce she again married with my client. Now the problem is that I want to file a petition for nullify marriage under section 11 HMA without withdrawing the div. pet. U/S 13.
Can it be possible that div. pet. U/S 13 keep remained and another new petition u/s 11 may be filed?

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Devajyoti Barman (Expert) 15 June 2010
Instead of doing that I would like to advise you to amend the plaint itself so that you after stating those facts can add alternative prayer of nullity of marriage along with divorce.

Querist : Anonymous (Querist) 16 June 2010
Thanks Mr. Devajyoti. but my query still remains open.

J K Agrawal (Expert) 16 June 2010
It is not possible to file both type of applications at a time.

If marriage is void under s 11 it arises no question of divorce.

You have only one line of action now. You have to file a suit for nullity of marriage.

If you fails under s 11, only then it comes a question of divorce.

Uma parameswaran (Expert) 18 June 2010
No.it is not possible.

Querist : Anonymous (Querist) 20 June 2010
why not possible??? please answer reasoned explaination.

Sukhija (Expert) 20 June 2010
u should withdraw petition for divorce u/s 13(1) and file another petition u/s 11 for nullity of marriage.
marriage itself is null and void if one party to the marriage is already a married person, wife of other person.So no case of divorce arises.

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