Rejection of divorce plaint


The Petitioner/Plaintiff and the O.P./Defendant got married under the Special Marriage Act, 1954 on 07th January, 2013. And on 01st December, 2017, the Petitioner/Plaintiff instituted a Petition/Plaint for divorce against the O.P./Defendant under Section 13 of the Hindu Marriage Act, 1955. The Certificate of Marriage under the Special Marriage Act was filed by the O.P./Defendant along with the petition of RCR U/s 22 of SMA 1954 on 05/02/2018. The aforesaid Certificate of Marriage dated 07th January, 2013 is deemed to be conclusive evidence of the fact that marriage under the SMA 1954 had been solemnized and that all formalities respecting the signatures of witnesses have been complied with. So, the parties to such a marriage will not be governed by any of the provisions of the Act. Is the learned Family Court has jurisdiction to entertain and try the Petitioner/Plaintiff’s petition under HMA 1955? As both the parties are governed by the Special Marriage Act. This petition/plaint is gross abuse and misuse of the process of law and is, therefore, dismissed? Please help how to reject plaint filed by wife?
 
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Advocate

Please clarify where the gross abuse of the process of law took place?  Beause the Family Court havae full jurisdiction to hear the matrimonial matters!

 
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 Her Grounds are :-

1. That the petitioner and respondant are husband and wife and their marriage was performed on 06/12/2012 at Registry office and after the marriage both the parties has never lived together as husband and wife since 05 years.

2. The marriage was not solemnized according to the rituals and traditions of Hindu family, it is only a registry marriage under Hindu Marriage Act 1955 and neither they performed honeymoon or nor any cohabitation since the date of registry marriage.

3. That since the petitioner is the sole daughter and heir of the parents and the respondent is indulging and blackmailing and threatening of expose of their private photographs on the facebook of 42 spectram. 

4. Blackmailing by me through mobile communication.

5. Heavy monitory demand by me from her father.

6. That registry marriage is also doubtful and she was not presented before the district registering authority.

7. Cause of action arose on 06/12/2012 when the marriage of the both the parties were performed, It also arose on several occasions and lastly on 30/09/2017 when the respondent has last given marriage on the face book.

 
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FIN

Originally posted by : TARAK NATH CHATTERJEE
The Petitioner/Plaintiff and the O.P./Defendant got married under the Special Marriage Act, 1954 on 07th January, 2013. And on 01st December, 2017, the Petitioner/Plaintiff instituted a Petition/Plaint for divorce against the O.P./Defendant under Section 13 of the Hindu Marriage Act, 1955. The Certificate of Marriage under the Special Marriage Act was filed by the O.P./Defendant along with the petition of RCR U/s 22 of SMA 1954 on 05/02/2018.
The aforesaid Certificate of Marriage dated 07th January, 2013 is deemed to be conclusive evidence of the fact that marriage under the SMA 1954 had been solemnized and that all formalities respecting the signatures of witnesses have been complied with. So, the parties to such a marriage will not be governed by any of the provisions of the Act.
Is the learned Family Court has jurisdiction to entertain and try the Petitioner/Plaintiff’s petition under HMA 1955? As both the parties are governed by the Special Marriage Act.
This petition/plaint is gross abuse and misuse of the process of law and is, therefore, dismissed?
Please help how to reject plaint filed by wife?

The marriage is under Special marriage Act.

 
Reply   
 
FIN

Originally posted by : TARAK NATH CHATTERJEE
 Her Grounds are :-

1. That the petitioner and respondant are husband and wife and their marriage was performed on 06/12/2012 at Registry office and after the marriage both the parties has never lived together as husband and wife since 05 years.

2. The marriage was not solemnized according to the rituals and traditions of Hindu family, it is only a registry marriage under Hindu Marriage Act 1955 and neither they performed honeymoon or nor any cohabitation since the date of registry marriage.

3. That since the petitioner is the sole daughter and heir of the parents and the respondent is indulging and blackmailing and threatening of expose of their private photographs on the facebook of 42 spectram. 

4. Blackmailing by me through mobile communication.

5. Heavy monitory demand by me from her father.

6. That registry marriage is also doubtful and she was not presented before the district registering authority.

7. Cause of action arose on 06/12/2012 when the marriage of the both the parties were performed, It also arose on several occasions and lastly on 30/09/2017 when the respondent has last given marriage on the face book.

In this post the marriage is under Hindu Marriage Act.

You may post clear facts..

 

 
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The Petitioner/Plaintiff and the O.P./Defendant got married under the Special Marriage Act, 1954 on 07th January, 2013. And on 01st December, 2017, the Petitioner/Plaintiff instituted a Petition/Plaint for divorce against the O.P./Defendant under Section 13 of the Hindu Marriage Act, 1955. and
Her Grounds are :-

1. That the petitioner and respondant are husband and wife and their marriage was performed on 06/12/2012 at Registry office and after the marriage both the parties has never lived together as husband and wife since 05 years.

2. The marriage was not solemnized according to the rituals and traditions of Hindu family, it is only a registry marriage under Hindu Marriage Act 1955 and neither they performed honeymoon or nor any cohabitation since the date of registry marriage.

3. That since the petitioner is the sole daughter and heir of the parents and the respondent is indulging and blackmailing and threatening of expose of their private photographs on the facebook of 42 spectram. 

4. Blackmailing by me through mobile communication.

5. Heavy monitory demand by me from her father.

6. That registry marriage is also doubtful and she was not presented before the district registering authority.

7. Cause of action arose on 06/12/2012 when the marriage of the both the parties were performed, It also arose on several occasions and lastly on 30/09/2017 when the respondent has last given marriage on the face book.
.
The Certificate of Marriage under the Special Marriage Act was filed by the O.P./Defendant along with the petition of RCR U/s 22 of SMA 1954 on 05/02/2018.
The aforesaid Certificate of Marriage dated 07th January, 2013 is deemed to be conclusive evidence of the fact that marriage under the SMA 1954 had been solemnized and that all formalities respecting the signatures of witnesses have been complied with. So, the parties to such a marriage will not be governed by any of the provisions of the Act.
Is the learned Family Court has jurisdiction to entertain and try the Petitioner/Plaintiff’s petition under HMA 1955? As both the parties are governed by the Special Marriage Act.
This petition/plaint is gross abuse and misuse of the process of law and is, therefore, dismissed?
Please help how to reject plaint filed by wife?
 
Reply   
 

The ground for rejection of Plaint contemplated by you is not covered by Order VII, Rule 11.     So your contention is not maintainable.

You can file an Interim Application for its dismissal at any stage.

 
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practicing lawyer

petition for divorce can be entertain by the couct concern in the provision of SMA only.

Regards

Jaspal Singh (Adv)

9999987283

 

 
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practicing lawyer

petition for divorce can be entertain by the couct concern in the provision of SMA only.

Regards

Jaspal Singh (Adv)

9999987283

 

 
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LAWYER

First of all I do not understand why you use legal language, use simle language.   You hv not mentioned who is the Petitioner husband or wife in odvorce case n who is petition in RCR case.

Put your question in simple words.

When the Petition is filed in Family court, there is procedure for removal of objection, objection will be taken and then you have  to amend the section n the Act else the Petition will be dismissed/

 

 
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