U/s 11, hma, collusion allowed ??
Shantanu Wavhal
(Querist) 07 January 2012
This query is : Resolved
As per HMA, 1955,
20 Contents and verification of petitions
(1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded, 2[and, except in a petition under section 11, shall also state] that there is no collusion between the petitioner and the other party to the marriage.
1) Does this mean that the Petitioner & Respondents are at liberty to collude ??
2) for petitions under other sections of HMA, Is it unlawful to join hands by the Petitioner & Respondents for the reasons which are lawful, good, just & helpful towards granting justice ??
Kindly enlighten.
R.Ramachandran
(Expert) 07 January 2012
Dear Mr. Amit,
You have to clearly understand the legal provision.
What is said in Sec. 20(1) is that every petition should state distinctly the nature of the case and facts and relief claimed.
In all such petitions, except the petition under Section 11, a declaration has to be given that there is no collusion between the parties to the marriage.
Thus, a declaration that there is no collusion need not be given if the petition is under Sec. 11. In all other cases, the declaration is a must.
Therefore, your question (1) and (2) have no legs to stand.
Shonee Kapoor
(Expert) 07 January 2012
Rightly explained by Ld. Ramachandran.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 07 January 2012
Very nicely interpreted and explained by Mr.Ramachandran.
Raj Kumar Makkad
(Expert) 07 January 2012
declaration of collusion need not to be pleaded if the petition is filed under section 11 of HMA.
Sushil Sharma
(Expert) 07 January 2012
Very positively explained by Mr.Ramachandran.
Devajyoti Barman
(Expert) 07 January 2012
Rightly guided above though it should be discussed in Forum.
M/s. Y-not legal services
(Expert) 08 January 2012
am also agreee with ramachandran sir.,
dear amit its all in the game.,
in my earlier days i am also got so many poor doubts like this..
so just take it easy and all the best.,
-tom-
prabhakar singh
(Expert) 08 January 2012
Well Mr.Ramachandran has already thrown sufficient lighton your topic.But one is required to understand why petition under section 11 HMA does not make it a necessity to aver so; obviously because the petitioner is treating the marriage it self void and nullity as non existing,here nothing is for a tie break rather the claim asks there is no tie.
Shantanu Wavhal
(Querist) 08 January 2012
@ prabhakar singh sir,
right - petitioner is treating marriage void.
