Clubbing of divorce and restitution of conjugal rights petit

The matters of the Suits being as opposite as they are, the Suits can't, in my poor opinion, be clubbed.     It's possible that one may be stayed.

Order II, Rule 3 stipulates that the Defendants are to be the same.

I am of the view that the Family Court can clubed the different petitions as one and passed order under section 151 CPC read with Section 21A of the Hindu Marriage Act.

adv Rajeev (rajoo) Sir, kindly check your p mail.

Ramesh Sir,the Judgment was too long, so I send him pm, not to bored the readers.

Originally posted by : adv. rajeev ( rajoo )
	Dear Learned members I am representing husband in the Divorce case, he is the petitioner in the divorce case.  Wife who is respondent in divorce case has filed now restitution of conjugal rights after 7 years and after filing 498A and ohter cases against the petitioner -Husband.  Now she has filed an application u/s 151 to club her conjugal rights petition in divorce petition in the family court.  In my opinion both cases cannot be clubbed and application cannot be filed u/s 151 to club the petition in the family court. Let me know I am right or wrong.  If any judgements of supreme court pleased up load it.

 

 

The respondent can file the Application u/s 23A of HMA along with the petition of RCR, in response to the divorce petition and can pray for relief of RCR. Court after evidence stage will give judgement either in favour of divorce petition or in favour of RCR

 

Originally posted by : Ramesh Singh
	Oops! High tide, Low tide situation, one said 21 another said 23A. Where to merge or consolidate? Sirrrrrr

 

 

Section 21A of HMA will not be applicable because it is for power of transfering petitions and quriest specifically mentioned that respondent has filed the application of 151 CPC in same court.

Whereas Section 23A of HMA is for seeking counter claim in same case.

I got married a month ago and my father put in a lot of money, I did not want to get married but could not tell my father, After I got married I told my husband and he took me home and I have been living at my parents home since then, my father in law has said that he will exploit my dad's reputation in our society and is not doing anything yet because he has a lot of things that my father gave to me willingly, Now he has sent a file in which it is written that we will not claim anything and file a case against each other after I sign and me and my husband can go our separate ways, I know I am wrong but I cannot live with my husband as I dont want to, So my main concern is after I sign the documents my father in law will insult my dad and I wont be able to do anything against them so can I put on a condition in those documents that if my father in law tries to insult my father by bringing panchayat and all as it happens in villages,If he does anything like this all the conditions in the documents are not valid? please answer this

please answer as I am not able to put my query

its showing select category even after I have selected everything

Yes, agree with Sachin, it is section 151 CPC read with section 23A, as it is the wife opposing the divorce petition filed by her  husband, and for cosolidiation of the two different petitions that is divorce and her RCR.

Ramesh Sir,I have no hesitation in taking the view that the Family Court has ample powers to order consolidation of trial of two petitions pending before it between the same parties even if the same were claiming entirely different reliefs. Such power can be exercised with reference to the inherent powers under section 151 of the Code. That power is in no way impacted by provisions such as section 21A of the Hindu Marriage Act.

Well, if the two can be consolidiated, RCR and Divorce can be clubbed without much ado. Matrimonial dispute should be dealt with new jurisprudential insight with holistic approach, considering the enormous increased of litigations in the country. Thanks for throwing further light in the matter.