hindu marriage act

Querist : Anonymous (Querist) 24 March 2011 This query is : Resolved
wife has filed the petition u/s 9 of hundu marriage act. that the husband respondent contended that the petitiner is not his wife. so also he has filed civil suit for declaration that the petitioner is no his wife.

now whether the petition can be stayed u/s 11 or 10 of civil procedure code

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Devajyoti Barman (Expert) 24 March 2011
The court i unlikely to stay the suit. Rather try for consolidation of both the suits for analogous hearing.

Guest (Expert) 24 March 2011
the first suit can not be stayed and the court will go on its track

Guest (Expert) 24 March 2011
the proceedings of sec 9 cannot be continued without hearing the second suit. Because the decision of second suit will hit the judgment and basic maintainability of conjugal rights.

so sec.10 will apply to first proceedings or both the proceedings will be tried together

Advocate Bhartesh goyal (Expert) 25 March 2011
Mr S.Ganesan is right ,I agree with him.

Jitendar Kumar gupta (Expert) 25 March 2011
yes the petition U/S 9 HMA has to be stayed. For more information call 9868529732 mail to me:guptajkin@gmail.com

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