Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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allegation of fraud on marriage by both the parties

Querist : Anonymous (Querist) 15 August 2010 This query is : Resolved 
Ld counsels,

If the wife seeks annulment of marriage on the ground of fraud can the husband also seek the annulment by alleging fraud against the wife.

Both are alleging fraud against each otehr. can the husband seek the same relief though a additional counter affidavit agreeing for the relief of annulment but on the ground of fraid committed by wife.

Or else is it mandatory for the husband to file a separate orginal perition seeking the same relief that of wife.

However husband earlier field restitution of conjugal right whic hwill be withdrawn before filing annulment.

Pls clarify. Thanks
Sukhija (Expert) 15 August 2010
u can withdraw /continue with restitution of conjugal rights petition. u cannot file annulment petition as ur wife has already filed. u defend urself in the said petition and can allege and prove fraud against her in ur WS and affidavit filed as defence witness and examining some witnesses on ur behalf.
s.subramanian (Expert) 15 August 2010
yes. you van do it by additional counter affidavit and take the relief.
Kiran Kumar (Expert) 15 August 2010
the husband may withdraw the earlier filed RCR proceedings and is fully entitled to defend his case in the Divorce Proceedings.

husband can mention his pleas in the written statement and prove them as per law.

need not to file separate divorce proceedings.
Devajyoti Barman (Expert) 15 August 2010
Yes , apart from defending the case by filing ws he can also make counter claim of divorce in her suit on the ground of fraud.
Koumarish Bhattacharya (Expert) 15 August 2010
Filing a new case would be considered a multiplicity of suits. File counter affidavit. Claim and counter-claim is subject to rigid proof by evidence.
Surender Dhull (Expert) 15 August 2010
Husband shuld file counter claim with the WS. that counter claim would be treat like a seperate petition like as consolidate both the petition. that counter cliam petiton should be levied court fee as per state wise ad.-volarem fee. in that case issues would be framed.

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