Question on crpc
Amit
(Querist) 22 August 2012
This query is : Resolved
Hi,
My wife filed a petition to cancel my divorce petition citing Order 7 Rule 11 of CrPC. She mentioned that my divorce petition is filed 18 months after marriage.
It's not clear what this Order 7 Rule 11 is and why there's a time bar for filing divorce petition.
I filed for annulment for fraud (petition filed within one year of discovery of the fraud) but she did not cite HMA Sec 12(2) for time bar.
Can any one enlighten me on this?
Thanks
Amit
(Querist) 22 August 2012
She mentioned that since it's filed 18 months after marriage it's barred by time.
R.K Nanda
(Expert) 22 August 2012
1.O 7 R 11 is the provision of CPC and not CRPC.
2. u r petition is not time barred.
Devajyoti Barman
(Expert) 22 August 2012
If that is the only ground for rejection of plaint, then the petition has no merit.
prabhakar singh
(Expert) 22 August 2012
Cr P C does not contain in such provision,however C.P.C does contain where it is provided that a plaint can be rejected by court if it has been filed in contravention of any provision of law.
If relief sought in your plaint is for annulment of marriage on the ground of fraud with in one year of its'discovery and no relief of divorce is sought by you at all then your suit is well within scope of law and your plaint can not be rejected.
You should file an objection against her application moved under order 7 rule 11 C.P.C.that your plaint does not seek any relief of divorce and is not hit by any provision of law rather it has been filed for annulment of marriage with in 1 year of
its' discovery made as laid down in section 12 of the Act.you have not stated the facts
constituting the fraud hence no discussion is made here about that.
prabhakar singh
(Expert) 22 August 2012
Cr P C does not contain in such provision,however C.P.C does contain where it is provided that a plaint can be rejected by court if it has been filed in contravention of any provision of law.
If relief sought in your plaint is for annulment of marriage on the ground of fraud with in one year of its'discovery and no relief of divorce is sought by you at all then your suit is well within scope of law and your plaint can not be rejected.
You should file an objection against her application moved under order 7 rule 11 C.P.C.that your plaint does not seek any relief of divorce and is not hit by any provision of law rather it has been filed for annulment of marriage with in 1 year of
its' discovery made as laid down in section 12 of the Act.you have not stated the facts
constituting the fraud with regard to your consent, hence no discussion is made here about that.
Amit
(Querist) 22 August 2012
Yes it's filed under CPC and CrPC. Sorry for that.
In my divorce petition, I clearly mentioned the date of discovery of the fraud and we filed the case 3 months after discovery but 17 months after marriage. We were separated after 8 months of marriage and 6 months after separation I came to know about the fraud. We never lived together after discovery of the fraud.
But what's confusing is she never mentioned HMA Sec-12 (2) which mentions the time bar of one year.
Also, the date of discovery, no cohabitation after discovery have to be proved in the court right? How can she file a time-bar petition w/o going into evidences etc?
prabhakar singh
(Expert) 22 August 2012
Why shall she mention that 12(2)HMA,it is you who need to explain to the court by your objection to her's application u/o 7 r 11 CPC.
Amit
(Querist) 22 August 2012
OK. Understood.
Will my divorce petition be pending till this issue is resolved? Or both will be heard in parallel?
prabhakar singh
(Expert) 22 August 2012
DO NOT CHANGE THE TRACK.
MY ANSWER IS VALID FOR NOT A DIVORCE PETITION
BUT IS VALID FOR A PETITION OF ANNULMENT OF MARRIAGE WHERE CONSENT OF PETITIONER WAS OBTAINED BY FRAUD AND THE PETITION WAS FILED WITH IN 1 YEAR OF THE FRAUD DISCLOSED.
IF ACCIDENTALLY YOU ARE SEEKING DIVORCE AS RELIEF CHANGE IT TO ANNULMENT OF MARRIAGE.
Amit
(Querist) 23 August 2012
Thanks Prabhakar.
When I said divorce petition I meant annulment petition only.
My question is now that she filed an objection, will that be decided first before proceeding with my petition or both will go in parallel.
prabhakar singh
(Expert) 23 August 2012
what age you are baby?
how you address your father?
by name????????????
Amit
(Querist) 24 August 2012
Sir, no offense intended.
