Whether cross petitions under Hindu marriage Act can be consolidated for trial?
Before proceeding to decide the appeal, we may observe that whenever cross petitions are filed in the family Courts then those petitions should be consolidated as early as possible and both the petitions should be treated and should be heard together. In the Hindu Marriage Act, Section 21A provides for deciding two petitions, if filed by one party under Section 13 for divorce and filed by another party under Section 10 for judicial separation or vice versa then both the petitions are required to be tried and required to be heard together. The same principle is required to be followed when one party to marriage files petition under Section 13 and another files petition under Section 9 of the Hindu Marriage Act because of the simple reason that the two matters cannot be decided separately. Reason for it is that if the Court will proceed to decide two matters separately then the Court is bound to decide the two matters separately and on the basis of evidence available on record of each case and cannot consider the evidence recorded in one case in another case. In that situation, of one party successfully proves his/her case in one petition and failed to adduce evidence in another case then there will be two contradictory decrees. When there are cross petitions, one under Section 9 and another under Section 13, then either of the petition can be allowed and not both the petitions. The two petitions, one under Section 13 and another under Section 9 of the Hindu Marriage Act in fact are inseparable and, therefore, cannot be decided separately. In addition to above, there appears no reason for multiplying the proceedings, as has been done in these cases. Both the parties led evidence in two matters in the same Court for obtaining the decree against each other and the Court could not have passed the decree in favour of both, though the petitions and evidence are separate.
IN THE HIGH COURT OF RAJASTHAN
Decided On: 30.04.2008
Appellants: Prakash
Vs.
Respondent: Smt. Kavita
Vs.
Respondent: Smt. Kavita
Hon'ble Judges/Coram:
P.C. Tatia and Bhanwaroo Khan, JJ.
P.C. Tatia and Bhanwaroo Khan, JJ.
Citation:AIR2008Raj111, RLW2008(4)Raj3209,II(2008)DMC390
