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Jamai Of Law (propra)     23 September 2010

judgement by 'Summary Dismissal of the wholsuit' in divorce?

Summary judgments are decisions made by judges to dismiss cases when they believe there is no material fact or issue to be brought to trial.
 
Under what section, the application for 'the summary dismissal of the suit' can be moved by the defendent against the Petitioner in a matrimonial suit of 'divorce under HMA'? and How?
 
 
 
 
Is it same as  'dismissed without prejudice'?
 
 
The Petitioner-Husband has made many trivial allegations in the Petition.
 
 
 
Can anyone please clarify the difference between 'issue of fact' and 'the issue of law'.
 
 
 
The matter is at 'framing of issue' stage.
 
 
 
The defendent-wife is not disputing the incidents/facts but diagrees with the implied allegations in those  facts  but the allegations are very trivial and she has appropriate reason by which it looks evident that the husband was deliberately putting her to 'tests of her patience'
 
e.g Suddenly bringing in 10-15 relatives/guests at home, at wee hours, and asking her to prepare food which she cudn't do in time. Or some forced mistakes and then husband blowing the matter beyond the limit as if wife does it intensionally!!! and all the other allegations fall in this category. what is the exact phrase for this type of behavior of husbands?
 
 
The defendent-wife is opposing the divorce. 

 


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 1 Replies

valentine (Advocate)     28 September 2010

You have many questions in your mind. The legal matters and terminology on which you seek clarification and explanation can well be learned from any lawyer. I presume you are in need of a good lawyer. If U r in Gujarat, U may call on 9427453500.


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