Annulment and Conjugal rights

Querist : Anonymous (Querist) 11 September 2010 This query is : Resolved
Respected counsels,

In a matrimonial suit husbands files restitution of conjugal rights and after 6 months wife files annulment of marriage on the gound that husband was forced to marry her.

Can the allegation of wife be considered by the court especially when the husband filed restitution before wife's annulment case.
According to Hindu Marriage act only the petitioner before the court can say that her consent was obtained by force. Is the pleading that respondent was forced into marriage sustainable?

If the case of the wife need to be accepted, will it not cause pre-judice to Husband since he had already filed a restitution before the same court?

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Devajyoti Barman (Expert) 11 September 2010
The filing of RCR alone is of no help. Since the issues in both the suit , in each of the suits the respective parties will have to prove their case on his/her own merit.

s.subramanian (Expert) 12 September 2010
Yes. That is right. I fully endorse this view of Mr.Barman.

Uma parameswaran (Expert) 12 September 2010
Sustainability shall be depends upon the proof.

Raj Kumar Makkad (Expert) 13 September 2010
The nature in both the cases is entirely different and approach of the parties over those cases also remain different so there is no question of prejudice to husband who has filed his petition for RCR

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