Dear Experts, kindly solve my query.
My friend had filed divorce petition u/s 13 HMA at Kanpur Family court on 29-01-2014. Notice issued / recived by wife. She appeared and file her WS. Afterwards she stops appearing; her advocate also remains absent resultant of which the Hon'ble Court proceeded ex-partae agaisnt wife. Now the case is at argumet stage.
Now on 20-04-2017, his wife filed divorce petition u/s 13 HMA at Mumbai Family Court, mentioning knwoledge of husbands divorce petition dated 29-01-2014 in her plaint with supporting affidavit and particularly mentioning cause of action date as 25-01-2014. Husband appered and challanged maintainibilty of wife's divorce petition on the basis of absence of any applicaiton regarding condonation of delay of 03 years in filing the petition and no cause of action...etc.
My question are as follows :
1). Whether filing of divorce petition u/s 13-HMA should mention delay in filing such petition i.e., the date of cause of action to the date of filing the petition ? If Yes, please explain with citations.
2). Whether Law of Limitation (1963) holds ground or is applicable in filing of divorce petition u/s 13 HMA ? If yes, please mention the seciton of Limitation act which enable for doing so,along with, citations.
3). Whether Sections mentioned in Civil Procedure Code (CPC) is applicalbe in the Law of HMA-1955 ?
Regards,
DVK
