Withdrawal of restitution of conjugal rights petition
Querist :
Anonymous
(Querist) 11 March 2011
This query is : Resolved
Ld counsels,
Husband pleaded the family court for the withdrawal of RCR petition after filing a separate petition for annulment. Wife is filing an IA on that petition for RCR praying for the decree of nullity based on the admission made in the RCR petition.
Wife also filed an annulment petition before husband pleaded the court for withdrawal of RCR petition.
Can the court get into the merits of the case when the RCR petition itself is getting withdrawn. Is the IA maintainable. Should the husband file a counter in the IA although he is withdrawing main RCR petition.
Please clarify.
Raj Kumar Makkad
(Expert) 11 March 2011
As no final judgment has been passed in RCR and the same has been withdrawn and on the basis of interim statements, Petition seeking annulment of marriage has been sought by husband so IA is very well maintainable because subsequent petition is based upon interim proceeding of earlier petition. Merits of the appellate court can not be taken into consideration because it is not on file.
Querist :
Anonymous
(Querist) 11 March 2011
Ld counsels,
The simple question is can the withdrawal of RCR petition be objected by the wife merely on the basis that there is some admission made in the RCR petition.
According to wife such admission in the RCR petition is giving her a right to the decree of nullity under Order 12 rule 6 of CPC (Judgement on Admission.)
Is this a right granted to wife that she can get a decree on the basis of admissions made in the RCR even though the petition is being withdrawn. Please clarify What right was acrued for wife if so why was not invoked unitl the withdrawal.
Wife has only filed annulment, will the admission made by husband grants her a right to decree of anulment.
Please clarify
Querist :
Anonymous
(Querist) 11 March 2011
Ld Counsels,
I further would like to note that its only the averments and the relief claimed in the suit alone determines the jurisdiction of the court.
That being so can the court proceed to give a decree of nullity in an IA filed on the main OP which deals with the restitution of conjugal rights. The relief in any way is totally different. On the main OP court can only decide on the resitution of conjugal rigths and not on the valididty of marriage.
Please clarify.
