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(Guest)

Can a case be challenged on cause of action

Srimatiji has  decided to file RCR.

 

The petition has been filled about 10 days back( in Sept 2011). In the cause of action she has mentioned that when all efforts to reconciliation failed in May 11 this petition is being filled.

 

There was no effort for reconciliation in May 11. There were some  efforts in Feb 11 without any success.  So  after passage of 6 months does she has valid cause of action?

 

Can cause of action be challenged in  written response?  



Learning

 3 Replies

niranjan (civil practice)     13 September 2011

No because cause of action is based on facts.Only if cause of action is not mentioned in the plaint,then it can be challenged but not otherwise.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 September 2011

:-) The marriage is not working, you both are not staying together, cause of action has arisen.

 

Whether it arose 6 months back or 6 years back. It is maintainable.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

shrinivasg Advocate. (N)     15 September 2011

In RCR  mention of cause of action and fact of  due efforts in continuation of the same  required. Even one sms is sufficient. by other party.there is no time limit.


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