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RAM (TECH)     25 April 2011

Sec 27 of HMA

Dear Sir, I have a question with regards to the maintanability of sec 27 of Hindu marriage act.

My wife has filed a petition u/s 27 Hindu Marriage act ( As a stand alone independent petition), I understand that this needs  to be filed as a IA in the main divorce OP. Seconldy the petition itself is not maintainable on the following ground.

Sec 27 of Hindu Marriage Act is defined as " In any proceedings the court may make such provisions in the decree as it deems just and proper with respect to any property presented at or about the time of marriage which may belong jointly to both the husband and the wife " ...Coming to my case, As per the petition there is no mentuon about any alleged presentations presented jointly to both the petitioner and the respondent at the time of marriage.Hence the very petiiotn is not maintainbable.

Considering the above facts, can i get a quick get over of this case by filing a discharge petition some thing like that...kindly suggest.....



Learning

 3 Replies

Tajobsindia (Senior Partner )     25 April 2011

@ Author
 

1. It is 100% maintainable (period).

AAK (Advocate)     25 April 2011

discharge is only in criminal proceedings.

Tajobsindia (Senior Partner )     26 April 2011

 

@ Author,

I hope the below links prepares you well now that you have joined exclusive club (read as stand-alone HMA filing when no activity under HMA there) litigation;

https://www.lawyersclubindia.com/forum/S-27-HMA-ALD-HC-good-interpretation-35857.asp


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