Clubbing of m.c case with civil suit for partition in fam.crt
RAMJI
(Querist) 07 December 2012
This query is : Resolved
Sir /madam
Wife applied for divorce and got an exparte order as she prayed.. after 6 months wife applied for Maintenance under crpc125 for herself + minor child. husband filed counter against M.C
subsequently, husband filed suit for partition of wifes grandpa ancestral property on behalf of the minor child ( as dad and natural guardian) in the interest of protecting rights of child in its mothers ancestral properties..... case was taken up and summons issued to 8 persons of wifes family...... off late 6 of them set exparte and none submitted Written statements..... whereas wife + her dad are attending court regularly but not yet submitted written statement in suit case....
at this stage, wifes advocate was requesting the court that BOTH M.C case + civil suit may pls be combined as one case for convenient to attend...
with this background...questions are as below:
1. will it be good to combine both cases?.. is it a strategy by opponent side to dilute the interest of civil suit of minor share..
2. the issue reg M.C is income of husband & wife whereas issue in civil suit is fixed asset
3. Is it ok on the part of husband to deny for combining 2 cases because the interest of minor in the suit is may get diminished.
4. any other views pls
regards
Ramji
ajay sethi
(Expert) 07 December 2012
125 Cr Pc case must be in family court . whereas civil suit for partition must be pending in district court . oppose application
RAMJI
(Querist) 07 December 2012
Dear Mr Ajay sir
Thanks for quick reply
regards
ramji
Raj Kumar Makkad
(Expert) 08 December 2012
1. Both the cases cannot be clubbed legally even if the same is the strategy of the opposite party.
2. Yes.
3. Yes.
4. Insist that the nature and relief in both the cases is entirely different and even parties are different so both cannot be clubbed at all.
RAMJI
(Querist) 10 December 2012
Dear Mr Rajkumar sir
Thanks for detailed clear reply.
Hint given by you for Q no 4 is nice..
Its interesting to interact
Will keep in touch.. pls let me know your phone number if any..
Thanks again
Regards
Ramji
Raj Kumar Makkad
(Expert) 10 December 2012
Welcome Ramji. I shall vailable at any time for your help.
