Ankit (None) 13 April 2014

Section 12 of hma

Respected Forum Members,

I have filled case under sec. 12 of HMA. On the basis of fraud and concealment of fact. Now opposite party is ready to settle the case.

Question: - Should I withdraw the existing case of marriage null n void and file fresh case under Section 13 B of HMA ?? Or how we can compromise on null n void case.

I look forward to your early inputs.

PK.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 13 April 2014

If the other party is ready to compromise and agree for mutual consent divorce, ask the other side to file the case u/s 13B of HMA first, appear in the first motion, wait for the second motion too, then go for withdrawal of the case filed u/s 12. If the court does not allow for such along adjournment, you may file a petition for deferring the trial pending the present case or if the court does not permits then after filing of the 13B case, you may withdraw the section 12 case.

Ankit (None) 15 April 2014

Dear Sir,

Thanks for you advise.

Do you think we can file case u/s13 B without withdrawing existing case u/s 12 ? To my understanding, both the parties submit affidavit along with petition. There is point, where we have to declare that no other case is pending in any other court.

If we withdraw the case before filling case u/s 13 b then it will risky affair. Opposition party is very smart and cunning.

Can't we compromise on existing case u/s 12? Can't opposition party file a WS and agreed divorce after court procedure?

PK.