Withdrawal of interim application
Ranganath
(Querist) 01 September 2012
This query is : Resolved
Ld Counsels,
Husband filed annulment of marriage on the ground of fraud. Wife filed counter after which husband filed an application under Order 12 Rule 6 of CPC seeking judgement on admission, wife filed a counter in the application as well.
Prayer in the applicaiton was to declare the marriage null nad void based on admissions made by wife in her counter statement.
Later husband withdrew above interim application as not pressed. Will this withdrawal prevent him from taking advantage of the admissions made by wife in her counter statement in the main proceeding. Further can he agitate the same grounds raised in the applicaiton again during final hearing of the case.
Thanks.
Devajyoti Barman
(Expert) 01 September 2012
Yes , he can take advantage of this during trial.
Mere admission is not sufficient for decree, the court may insist on proof as well.
Dr J C Vashista
(Expert) 02 September 2012
This shall/can go as collusive petition.
prabhakar singh
(Expert) 02 September 2012
Yet the facts admitted need not be proved is also a law to be argued.
Arun Kumar Bhagat
(Expert) 15 October 2012
1.Will this withdrawal prevent him from taking advantage of the admissions made by wife in her counter statement in the main proceeding ?
Ans: No.
2.Further can he agitate the same grounds raised in the applicaiton again during final hearing of the case ?
Ans: Yes.
