Suit u/s 12 of h. m act
Anjul Kumar Jana
(Querist) 15 July 2015
This query is : Resolved
Petitioner has filed a Mat. Suit u/s 12 of Hindu Marriage Act on the ground of respondent's physical unfitness supported by a Certificate of Medical Officer. Now the respondent came to me as I am the Petitioner's pleader and requested me to compromise the suit by filing joint compromise petition where the respondent will admit some facts and intend to declare nullity of marriage.
Now query :
1. Whether such compromise joint petition can be filed as I have not seen any Lok Adalat on Mat Suit since last couple of years.
2. Whether further declaration of nullity of marriage is required to be declared from the Civil Court by filing Suit for declaration.
3. Citations.
P. Venu
(Expert) 15 July 2015
Has the Family Court referred the matter to the Adalat?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 16 July 2015
1) do u mean hysical unfitness is.impotency? If yes yes there is groumd for annulment of marriage under nullity. However it has to be coplained by other spouse.
2)for nullily forum is family court
3) Both advocates in oposite, certainly help the couple in dispute, for tosettlement with permission of court.
Anjul Kumar Jana
(Querist) 17 July 2015
Thanks Adv. P. Benu : I want to know whether subject to refer the suit to lok adalat is completely within the power of the said trial court or not? If both the parties are intended to a conclusive dissolve, the trial court can allow such compromise petition?
Thanks Adv. J. Patil : I just want to mean physical unfitness but not the impotency as the bride has a disease of Dysmenhorrea and phobia for physical relationship which was duly certified by regd. doctor. But the fact is, both the parties are not intended to consume their matrimonial relationship. Whether the subject specified by you shall be complied by sec. 11 or sec. 12 of H. M. Act.
