2 respondents - if 1 does not appear - ex-parte ??

Worker

Petition u/s 11 of HMA, 1955

(for declaration of marriage as nullity)


Petitioner = present husband.

there are 2 respondents = wife + her 1st husband

 

after summons is served, if 1 of the respondents (1st husband) do not appear & the other (wife) appers, will the court declare the suite ex-parte ??

 
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Advocate

If any one of the Respondent doesnt appear before the Court, the person who doesn't appear will remain exparte and other should contest the matter and they have to prove there liabiltiy and allegation made by you

 
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propra

As far as marriage is concerned................. declaring its existance and its legal validitty ... ultimately it affects the status of at least two parties!!!!

 

Are you saying that Petitioner-male (so called '2nd husband') is attempting to declare the other male (so called '1st husband') as a "married person" ???????????

 

What's the need of all this ??? ................................................... Also to declare any person as "married" is the right of his/her spouse only ..............................................and no third person can go to court and obtain such declaratory decree !!! ................................................ that other person(petitioner-husband) is a third party to marriage(respondent-wife and respondent-her 1st husband) and has no business whatsoever.

So declaring the 'existance of marriage' ex-parte to that 1st husband is illegal ... or rather none of the business ot 2nd male in the context.

 

 

In this case, should there be element of truth in the marriage between respondent-wife and respondent-1st husband ................. then that 1st husband only should/Could have been the aggrieved party !!! ............ and not the 2nd husband (petitioner)

 

 

And for the 2nd-husband ................... there is no marriage in the eyes of law ................................ and he should not even bother to go to court and just assume himself as not married to respondent-female !!!! ... and he should not even go to court to get it null and void as it is void ab initio.

 

 

 
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Worker

I am the second husband.

I am challenging MY marriage with wife, as she has not obtained divorce from her first husband.

so myself, being the aggrieved party, i have approached court for declaration of void marriage.


I understand that, obtaining formal declaration is not compulsory, but its optional.

but the wife is claiming that she is MY wife.

So, I have filed petition for declaration of nullity of My marriage.



Total likes : 2 times

 
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SSE

As long as wife of void marriage doesnt claim to be legal wife, no husband will object. 

 

@ Jamail Of Law

 

You should first understand the difference between Wife and Legal Wife. It is a big loss to 2nd Husband when wife claims to be legal wife in certail situation. 

 

 
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Worker

It is a big loss to 2nd Husband when wife claims to be legal wife

 

thats why i have filed petition - i m 2nd husband.

 
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Worker

Today was my first date at court.

1. Amendment allowed in no time, without hesitation. 

2. Order passed immediately. 

3. Corrections done on OP with red ink & Corrected petition also submitted on the spot. 

4. Order to issue summons also passed at the same time. 

I am humbled & obliged by the decency of the Judge.


I dont know how to thank you all the experts at LCI !!


Total likes : 1 times

 
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