Section 151 of cpc order 1 rule 1
kumar
(Querist) 07 September 2016
This query is : Resolved
I have married on 01/06/2014. on 03/06/2014 my wife said that we was married forcefully by his parents he love with a other caste man. as per his willing on 07/06/2014 we "notorised" a tlaknama and also filled a 13B mutual concern in family court which was rejected on the basis that it is not completed one year sepration period. her parents and brother sister beaten her in my house. finally on 07/06/2014 she went with her uncle. as per lawyer advice i have not done anything till one year than my parent with some relative went her house for mutual consent divorce. her father threateing us for false case and abusing us. after lawyer concent on 15/06/2015 i have filled divorce case but till date 07/07/2016 she not filled answer of petition and taking time again and again.than she filled a case for 125 with interim maintanance. i have replied for interim maintanance. than she filed sec 24 application against divorce. and also her lawyer filed section 151 of cpc rule 1 order 1 to make her lover a pakshkar in case and reject the divorce petition. in above circumstances what will effects of sec 151 of cpc on divorce case. on 07/06/2014 when i filled first time 13B and customary divorce she accepted with her lover name relation with him and wants to divorce on this ground. there is her sign and thumb impression on both. pl clear effect of sec 151 of cpc on above case. will court reject my divorce petition on basis of sec 151 of cpc
Devajyoti Barman
(Expert) 07 September 2016
It appears that they wish to add that person as a party to the suit.
There is nothing to worry about your divorce suit.
The divorce will continue and you will get justice if you could be able to prove your case.
Ms.Usha Kapoor
(Expert) 08 September 2016
Dear Client,
Section 151 of CPC relates to inherent powers of the civil court. So by using its Discretionary powers under s/151 CPC based on facts and law if the court comes to the conclusion that there are strong grounds for issuing divorce and in the interest of justice dissolution of your marriage best serves the interest of both of you it'd dissolve the marriage and grant divorce as prayed for. If the facts and Law in your case do not give the court to draw an inference of breakdown of marriage for all practical purposes and no tenable grounds for granting divorce it may dismiss the divorce petition.
Rajendra K Goyal
(Expert) 08 September 2016
Agree with the expert Devajyoti Barman.
Raj Kumar Makkad
(Expert) 09 September 2016
I also endorse the wise advice of barman.
