Preliminary objections filed
Amit
(Querist) 19 May 2013
This query is : Resolved
I had filed a annulment cum divorce case and my wife filed preliminary objections to it.
Her objections were:
(1) That the petition was filed 18months after marriage. The annulment based on fraud was filed 3 months after the discovery of the fraud.
(2) We filed the annulment u/s 12-1 (C ) and also u/s 13-1(ia) for cruelty. Wife's objections were that petition can't be filed under two sections.
But when I searched online there were lot of petitions where multiple prayers were made. Some of them I am quoting below:
(a) http://www.indiankanoon.org/doc/657007/
"for passing a decree annulling the marriage between him and the respondent, or in the alternative to pass a decree for dissolving the marriage"
(b) "http://www.indiankanoon.org/doc/62494/"
"petition filed by the appellant for annulment of his marriage with the respondent or alternatively for divorce or for judicial separation"
(c ) http://www.indiankanoon.org/doc/668351/
"seeking annulment of the marriage under Section 11 of the Act of 1955 or, in the alternative, a decree of divorce under Section 13(1)(ia) of the Act of 1955 on the ground of cruelty"
My question is, under what legal provisions is this allowed?
(3) In our petition, we mentioned that we were informed about the fraud by one of the relatives whose name we did not mention for his security. My wife is saying w/o mentioning his name, the petition is not valid.
Is this mandatory to mention the name in the petition? If yes, can we amend the petition now mentioning his name?
prabhakar singh
(Expert) 19 May 2013
The knowledge of fraud is attributed through
a person.Only his deposition can prove it.Then i do not know why he is not disclosed.
amendment is possible.
Amit
(Querist) 19 May 2013
As I said, we omitted his name only for his security since my wife and her family can threaten him.
Can my petition be dismissed just on this basis?
prabhakar singh
(Expert) 19 May 2013
The defendant can always claim better particulars of fraud.
R.K Nanda
(Expert) 19 May 2013
no more to add.
Amit
(Querist) 19 May 2013
What about our petition being filed under two sections?
Raj Kumar Makkad
(Expert) 19 May 2013
No more to add as all aspects of the query have already been attended well.
