Court has not framed issue of law in divorce matter
Law Querier
(Querist) 27 November 2016
This query is : Resolved
The divorce petition on cruelty ground under Hindu Marriage Act has been filed by POA holder of the petitioner without presence of petitioner in person before family court. The respondent has already mentioned the point of law in his reply/written statement that,” the divorce petition cannot be filed by POA holder as he is not authorised person to file the divorce petition and petitioner have to present the divorce petition before family court. So, the petition is liable to dismiss.” The court has framed issues without framed this issue of law which is raised by respondent in his reply. Now, the matter is on mediation and petitioner’s evidence.
What respondent should do if he wants to decide this issue in preliminary base as the issue of law has raised in reply/written statement already and the court has not framed and not decided this issue of law?
Devajyoti Barman
(Expert) 27 November 2016
Looks like professional / academic query.
Disclose how are you relayed to this query.
Rajendra K Goyal
(Expert) 27 November 2016
How are you concerned with the query?
looks like examination question
Law Querier
(Querist) 27 November 2016
I am at respondent side in mentioned query/matter. It is look like academic query, But, it is happened in practically in my case thats why I have asked the query. It will be appreciable if you reply positively. Thank you.
Law Querier
(Querist) 11 December 2016
Kindly reply about my query.
