Review petition
rsraghukumar
(Querist) 12 August 2012
This query is : Resolved
sir i belong to Andhra Pradesh. recently my marrige is declared by Hon'ble High Court of AP. After pronouncement of order, the other side party filed Review Petition on the following grounds:
1) Rule 8 of Hindu Marriage Act in Null and Void Case u/s 11 of HMA and section 5 (1&2) of the proceedings:
Sir, i filed Null and Void petition u/s 11 of HMA. it was declared Null and Void on the grounds that the girl is having living husband at the time of this second marriage. I called that first husband as witness in my OP. He came and gave his evidence. again the opp party filed appeal before HC of AP. during the arguments the other side counsel argued orally before HC of AP that the first husband was not made as Co-respondent in the OP proceedings, so it is not valid witness. Sir is it correct sir. but the first husband came as witness and given his witness. more over sir the girl filed a memo in lower court that the evidence of first is sufficient to decide my OP case. in this case, again in this review petition will consider that rule 8 under HMA? sir if that person given his evidence as witness, then in that case also we have to call that person as cor-respondent? in this case how HC will cinsider the review petition.?
R.K Nanda
(Expert) 12 August 2012
File reply to RP and argue strongly in court
and get it dismissed.
Rajeev Kumar
(Expert) 12 August 2012
As per as given details if the Review Petition is argued storngly in HC then it will be dismissed. Generally the HC rarely go against its own verdict
