Issue framing in sec.13 B case (divorce by mutual consent)of HM ACT

vinod bansal (Querist) 29 January 2009 This query is : Resolved
Sir
I want to know is there any provision or procedure of issue framing in sec.13 B case (divorce by mutual consent)of HM ACT in the courts of UTTAR PARDESH .Thanks

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Sushil Kumar Bhatia (Expert) 30 January 2009
Sec 13 B of Hindu marriage Act only relates to divorce with mutual consent of husband and wife which undisputed and agreed by both the parties and there is no necessity of framing the issue and there is no provision in U.P.

vinod bansal (Querist) 30 January 2009
Thanks sir

RAKHI BUDHIRAJA ADVOCATE (Expert) 30 January 2009
Yes Mr. Sushil Bhatia is absolutely right.

M. PIRAVI PERUMAL (Expert) 31 January 2009
What Mr. Sushil said is absolutely correct.

MANISH (Expert) 12 February 2009
Vinod Bhaiyya,
For framing of issues, there must be dispute between parties, the plaintiff/petitioner and defendant/respondent. In a suit for divorce by mutual consent, there are only two petitioners and no defendant, so there are no disputes, so no need to frame issues.

Hiralal Das (Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.

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