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Sumit Kumar (IT)     24 February 2016

Reapplication of mat suit

Dear Sir

I have filed mat suit against my wife in district court at my hometown. After marriage we had stayed at my hometown and later girl has moved at her parents house in different city (where marriage was originally solemnized)

After serving notice, court heard her objection wrt place of marriage and asked me to file in her city without considering or examining evidence that parties had last resided in my hometown.

Later after receiving the order and scruity of the application,  i found out that the original suit was flawed because it was filed in wrong section .

Also due to oversight of both the judge and my lawyer it was ignored, else it would have been normally returned for correction .

The marriage is registered under special marriage act but divorce was filed under hindu marriage act.

Will the above order therefore stand nullified or will it be considered valid ?
Can i reapply in same district court and ask for another hearing with all evidence? Can i state in my new application that i am reapplying as the previous plaint was flawed ?

 



Learning

 2 Replies

Sumit Kumar (IT)     24 February 2016

order is already passed as mentioned, so i cant withdraw. however can i reapply again to same court ? or will it be duplicate ?

Sumit Kumar (IT)     25 February 2016

thanks renuka ji. 


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