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Smriti (xyz)     06 August 2012

Urgent advise divorce

cDear All,

 

husband file Divorce under hindu marriage act.

I want to reconcile and save marriage as this is both secnd marriage.

husband and his parents has debarred me from matrimonial home in planned way.

Currently husband abondened me and left home we both were staying in rented home

now husband took another room on rent staying there, i went to meet him once and twise to request to save marriage but he has created issue and called police.

now its just 1 hearing happened in Div case I didnt file written statement yet , husband filed section 151 CPC.

what action should I take against his section 151 CPC I am his legal wife and I can visit him.

 

Please advise 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 August 2012

Smriti you've not specified what is he asking for in his 151 application what relief. If you are not up for a divorce, in that case he'd have to prove the ground that he has taken for divorce to the satisfaction of the court, and you'd get full chance to rebut the same, trust me getting a contested divorce is very tough in our judicial system, if you contest it well your husband can as well forgett divorce for some years atleast.

Smriti (xyz)     06 August 2012

Hi, he has filed 151 CPC for not allowing me to meet my husband or to go to husband place during the Divorce Proceeding.

Please advise .

 

Thanks

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 August 2012

Smriti madam,

Section 151 of CPC, giving 'inherent powers can be used only if the ordinary rules of procedure result in injustice in any case and there is no other remedy, they can be broken for the ends of justice'.The inherent powers can be exercised where abuse of process of court resulted from the mistake of the Court or by the officers of the Court. Object of inherent powers of the court is to do justice and to undo wrong in case of abuse of process of Court fraud or misrepresentation by a party upon the Court or where there is absence of rule of procedure in the circumstances of a particular cases. So file your arguments in the form of written statements by helping with a lawyer at your place.


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