co-respondent - hma sec. 11 + 5(1)
Shantanu Wavhal
(Querist) 25 December 2011
This query is : Resolved
Rules framed by the High Court under section 62 of the Indian Divorce Act,
1869, relating to the Procedure of District Courts, and of the High Court in
Cases for Confirmation of the District Court's Decree.
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(c) In every petition under section 11 of the Act on the ground that the condition in section 5 (1) is contravened, the petitioner shall make the spouse alleged to be living at the time of the marriage a co-respondent
Ref. :
http://court.mah.nic.in/courtweb/civil/pdf/chapter17.pdf
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I have filed a petition U/S 11 read with 5 (i)
Respondent = Wife
I was not knowing the above mentioned rule at the time of filing the petition.
(i.e. I have not made her first husband a co-respondent)
First date received = 4 / 1 / 2012.
Now, How can I correct my mistake ??
Kindly enlighten.
adv. rajeev ( rajoo )
(Expert) 25 December 2011
File an amendment application and an application for impleading the parties.
prabhakar singh
(Expert) 26 December 2011
adv. rajeev ( rajoo )has rightly advised you.The defect relates to an irregularity and is curable by amendment.
Shonee Kapoor
(Expert) 26 December 2011
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shantanu Wavhal
(Querist) 26 December 2011
my advocate is saying that -
1) we have filed the petition without making the first husband a co-respondent.
2) the court has examined our petition & has accepted it & given us first date as - 4 / 1 / 2012.
3) we will make the first husband a co-respondent if the court orders us to do so. OR
4) also, we can withdraw the current petition and file a fresh one with the second husband as a co-respondent.
Guidance needed on :
1) whether it is compulsory / optional to make the first husband a co-respondent ??
2) has the hon. District court erred in accepting my petition ??
3) what should i do now
a) Withdraw current petition & file Fresh petition (with first husband as co-respondent)
OR
b) file application for ammendment & application for impleading the first husband as co-respondent.
Shantanu Wavhal
(Querist) 28 December 2011
i have decided to file application for amentment of OP & make the first husband, a co-respondent.
Is there need for separate application impleading him ??
wont a summon automatically issued for him ??
