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Santosh kumar (lect)     18 July 2014

Divorce petition filed u/s 13 no exact subsection mention

Hi

 

Wife filed a divorce petition u/s 13  of HMA, a contested divorce but no exact subsection has been mentioned. The petition only alleges mental harassment in a trivial issue and says marriage is irretrievable breakdown of marriage.

I am aware that irretrievable breakdown of marriage is no ground for divorce, but since no exact ground is mentioned , how do one proceed in defending the case. Though intent seems cruelty, but irretrievable breakdown ground is confusing me.

In my opinion contested divorce should clearly mention grounds u/s 13(1) ia ,ib or ii to vi   as grounds while filing the petition. How can the hon'ble judge admit such petition with such errors.

 

regards

Ramesh



Learning

 2 Replies

Laxmi Kant Joshi (Advocate )     18 July 2014

This petition can be admitted u/s 13(1)(i-a) of hindu marriage act i.e. on the ground of mental cruelty.

great india (manager)     18 July 2014

Petition can be admitted while grounds can be justified during issues framing and affidavit submission.

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