Hindu Marriage Act

Rakesh Agarwal (Querist) 01 February 2009 This query is : Resolved
Resp. Members,
Whether I may file a suit U/s 12 HMAct with alternate relief for s 13 HMAct in the same suit?
If anyone has a citation in this regard, pls provide.

Thanks in advance.

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PALNITKAR V.V. (Expert) 01 February 2009
In fact there is no bar in claiming alternate reliefs. I will try to get citation on the point.

Sushil Kumar Bhatia (Expert) 02 February 2009
dear,
You should file seperate petition u/s 13 of HMAct to avoid future complications.

ARVIND JAIN (Expert) 02 February 2009
PLEASE GIVE FACTS CLEARLY.SCOPE OF SEC 12 AND 13 IS ALTOGETHER DIFFERENT.SEC 12 IS FOR VOIDABLE MARRIAGE AND SEC 13 FOR DIVORCE ON CERTION GROUNDS.

sanjeev murthy desai (Expert) 02 February 2009
Yes I agree with Mr. Aravind Jain

Rakesh Agarwal (Querist) 02 February 2009
Dear Arvind & sanjeev,
I know that the grounds for S. 12 & S. 13 are different.
I just want to know whether I can file a case U/s 12/13 of HMAct, if the facts consist of fraud as well as cruelity.
The facts are that the wife as well as in-laws concealed the facts of major injury at left stomach of wife before marriage. Wife also treated as cruelity after marriage.
The marriage was performed on 17/10/2007 and the the cheating was got in knowledge on 04/05/2008.
Now, whether I may file a single suit U/s 12/13 HMAct for S. 12 on the ground of fraud & S. 13 on the ground of cruelity.

Pls. help me with a citation , if any.