Striking out of pleading in nullity case.

Querist : Anonymous (Querist) 28 September 2010 This query is : Resolved
Ld counsels,

Annulment filed by wife on the ground that husband was lunatic at the time of marriage and also on the ground that fruad was committed by the husband by suppresing pre-marital love affair with some other woman.

Allegation of fraud (deliberate concealment) and allegation of lunacy are in conflict with each other. Can a lunatic commit fraud. In fact the allegation of lunacy is scandalous and vexatious. On this ground can the pleadings be struck off under ORDER 6 Rule 16 of CPC, bcos a lunatic cannot commit fraud.

Moreover no step was taken by wife to appoint a guardian for the lunatic husband so far and also so far the person with whom the love afair was attribute was not made a party which will also cause pre-judice to the husband.

Can these pleading be struck off. please clarify.

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Devajyoti Barman (Expert) 28 September 2010
I do not think the allegations are of such nature as a result of which those could be struck off as provided for u/o 6 r16 cpc.

s.subramanian (Expert) 28 September 2010
The very filing of the application without a guardian for the lunatic itself is improper. The procedure laid down under the Indian Lunacy Act have to be followed strictly. If they have not been followed,you can seek the rejection of the petition by filing an application for the same.

Querist : Anonymous (Querist) 08 October 2010
Dear Barman sir,

There is a prohibition in CPC order 6 rule 7
"Departure.--No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same".

By this provision inconsistent allegations are prohibited. Kinldy enlighten me why cant this prohibition be allicable to the above case.

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