Interim applications - admission and rejection
swasti
(Querist) 24 September 2012
This query is : Resolved
Please tell me the rules related to admission/rejection of Interim Applications(IA) in family court.
In my case, wife filed IA to add mental cruelty ground into her divorce petition.
It was filed two years after filing the divorce petition, and the issue framing and trial has not been started yet. The evidence stage is still open. Now court posted the IA for hearing on next date.
Now, what are the options available to me to object the admission of IA?
I came to know from @Tajobsindia that whether the contents of IA amounts to the said mental cruelty or not doesn't matter in deciding the admissibility of IA.
So, on what points the admissibility of IA is decided by court?
Is there any points in my favor to get IA dismissed?
R.K Nanda
(Expert) 24 September 2012
have u filed reply to said IA.?
swasti
(Querist) 24 September 2012
Yes, denying all issues mentioned...
R.K Nanda
(Expert) 24 September 2012
argue strongly on IA in court and get it dismissed.
swasti
(Querist) 25 September 2012
Sir, Argue on what points? about the delay of 2yrs between main petition and IA submission?
Argue about the submission of IA in evidence stage?
In this stage, Can I argue that the incidents narrated in IA not amounts to the definition of mental cruelty?
Devajyoti Barman
(Expert) 25 September 2012
What does this IA mean for?
Is it for amendment of pliant?
If yes and the trial has not commenced then addition of prayer by way of amendment of plaint would be liberally allowed.
In any case subsequent event touching the merit of the case gets allowed without any hitch but you have to explain the reason for it.
