Time bar limitation on the annulment case
Amit
(Querist) 18 April 2013
This query is : Resolved
Hi,
As some of you know, I've filed annulment case on my wife for cheating w.r.t. to age.
Brief facts:
Marriage happened in May 2010. Her date of birth (DOB) was told as X.
Separated on Feb 2011.
Her actual DOB 'Y' came to be known to us in Jul'2011. The difference between X and Y is significant.
Filed an annulment case in Oct'2011. We also added cruelty reasons too.
She did not file counter for our main divorce (more than 1.5yrs now).
She in turn filed a time bar petition saying that she already told about Y before marriage and that the case has been filed 18m after the marriage so it's barred by time limitation of 1yr.
My questions are:
(1) We can prove that real DOB was not disclosed etc. Proving that she cheated would be whole lot of trial since lot of witnesses, evidences are to be presented. But if this happens then nothing else is there to prove for the main case. So can we ask the judge to merge the trial of this one with the main case and dismiss this case since according to our dates, it's not barred by time.
(2) Since the arguments for this are identical to the main divorce case, we can ask the judge to insist upon my wife to file counter for the main divorce first?
(3) We'll prove that no cohabitation happened after our separation and wrt discovery of her DOB, can we say that that issue should be held in parallel to the main divorce case?
(4) Any judgements where this time bar petition has been dismissed?
(5) Can you please provide any other pointers to tackle this better?
Thanks
R.K Nanda
(Expert) 18 April 2013
not time barred.search indiankanoon.com.
Amit
(Querist) 18 April 2013
Thanks Nanda.
But can you help in little more details regarding my questions?
R.K Nanda
(Expert) 18 April 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 18 April 2013
If your wife has not filed the reply till such long period, the trial judge should close her defence as no such long time can be given to any of the parties. Your lawyer should insist in this regard.
Amit
(Querist) 19 April 2013
Thanks Raj Kumar.
What do you mean by "close her defense"?
V R SHROFF
(Expert) 19 April 2013
NO MORE PLEADING FROM HER SIDE.
DEFENCE HER SIDE IS OVER.. Consider that she have nothing to say.
It is as good as Ex-parte
Amit, it is desirable, you must discuss all these to your Advocate.
Amit
(Querist) 19 April 2013
Yes, I'm gonna talk to my lawyer but I want to know your suggestion on this.
Can I ask the court to merge the RCR/Divorce/Limitation cases and have arguments for all at the same time since grounds are same for it?
R.K Nanda
(Expert) 19 April 2013
u may pray to court for it.
