Can divorce petition filed on two grounds

@ Author of post,


1. Yes one can under Hindu Marriage Act (the Act hereinafter).

2. The question to be examined is whether the evidence from you is acceptable or not and not whether the evidence is substantiated by other oral testimony.

3. After a detailed cross examination Court may come to conclusion declined the prayer for declaration of nullity of marriage under S. 12(1) (c) but may allow divorce under S. 13(1) (ia) of the Act or vice-versa.

[Last reply]

Yes you can...

My take:

1. Exploration of matterial facts contains the eligible time limit of one year from day of exploration.

2. Your petition can contain both prayers under sec. 12ic and 13ia. Provided that it full fills the condition led down in para 1.

3. Alleging the facts mentioned in such way that due to this supression of matterial facts you went through mental cruelty. And arguement after cross would suffice the both grounds depends on the magistrate to choose either of them to place in his judgement .

4. Drafting a petition under two sections of divorce and voidable needs experts practice and phases of Incidences which would be shown apparently interconnected in the merit of such pleading.

ESIS