Summary judgments are decisions made by judges to dismiss cases when they believe there is no material fact or issue to be brought to trial.
Under what section, the application for 'the summary dismissal of the suit' can be moved by the defendent against the Petitioner in a matrimonial suit of 'divorce under HMA'? and How?
Is it same as 'dismissed without prejudice'?
The Petitioner-Husband has made many trivial allegations in the Petition.
Can anyone please clarify the difference between 'issue of fact' and 'the issue of law'.
The matter is at 'framing of issue' stage.
The defendent-wife is not disputing the incidents/facts but diagrees with the implied allegations in those facts but the allegations are very trivial and she has appropriate reason by which it looks evident that the husband was deliberately putting her to 'tests of her patience'
e.g Suddenly bringing in 10-15 relatives/guests at home, at wee hours, and asking her to prepare food which she cudn't do in time. Or some forced mistakes and then husband blowing the matter beyond the limit as if wife does it intensionally!!! and all the other allegations fall in this category. what is the exact phrase for this type of behavior of husbands?
The defendent-wife is opposing the divorce.
