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Claim of preliminary decree and of a fair trial

Querist : Anonymous (Querist) 20 March 2011 This query is : Resolved 
Ld Counsels,

In a IA filed by husband the wife demanded a fair trial and prayed for the dimissal of IA.

Whereas now the wife is claiming a preliminary decree in the dispute in another IA filed by her.

can it be deemed that the claim of preliminary decree and demand for a trial are inconsistent stand taken by the wife and hence should be dismissed.

Please clarify.
Devajyoti Barman (Expert) 20 March 2011
Gives detail of the IAs first. The query lacks necessary information.
Querist : Anonymous (Querist) 20 March 2011
Husband first in his IA praying for striking out of pleading in the OP filed by wife for annulment of marriage.

Then Wife filed IA after 2 years in the OP filed by husband for restituion of conjugal rigths pryaing for annulment of marriage based on admissions made in the RCR petition.
Querist : Anonymous (Querist) 20 March 2011
In a IA filed by husband the wife demanded a fair trial and prayed for the dimissal of IA.

Whereas now the wife is claiming a preliminary decree in the dispute in another IA filed by her.

can it be deemed that the claim of preliminary decree and demand for a trial are inconsistent stand taken by the wife and hence should be dismissed.

Please clarify.
Devajyoti Barman (Expert) 21 March 2011
Yes it is inconsistent prayer.


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