HMA /Divorce petition
vinod bansal
(Querist) 15 October 2010
This query is : Resolved
R/Experts
petition us 13 B of Hindu Marriage Act was filed and ist motion statements of Husband and wife was recorded but at the tim,e of 2nd motion statement wife resile from her earlier statement and withdraw her consent,husband even than contested the petition and ultimately district judge dismissed the petition,now my client (Husband)wants to file divorce petition on the ground of two year desertion,further he want to challenge 13 B HMA order in Highcourt,i want to know whether both remady simultaniously available to my client,kindly suggest,Thanx in advance
Adv Archana Deshmukh
(Expert) 15 October 2010
If the husband challanges the decision in the HC he cannot file another divorce petition at the same time. Where the wife have clearly withdrawn her consent, the HC will also not grant divorce, only the SC can grant it by using its inherent powers under Art. 142.
Kirti Kar Tripathi
(Expert) 15 October 2010
Section 13B is applicable only when both the parties are in agreement of divorce. in the present since the wife has withdrew her consent, the remedy under this section is not available to you in this section, hence no need to challenge this order. However, you can go for separate case for divorce on the ground available in the law.
Arun Kumar Bhagat
(Expert) 15 October 2010
There is no ground to move High Court because consent of the wife is absent. Better you file divorce on the ground of desrtion and others.
vinod bansal
(Querist) 15 October 2010
Thanx to all R/Experts
