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Querist : Anonymous (Querist) 28 October 2011 This query is : Resolved 
Hi Friends,

can we file caveat in divorce case ?
Shonee Kapoor (Expert) 28 October 2011
Caveat where? After decision? Before filing?


Shonee Kapoor
Devajyoti Barman (Expert) 28 October 2011
Legally there is no bar but since no ex parte interim relief is generally prayed for, litigants feel no necessity to file caveat in divorce cases.
Raj Kumar Makkad (Expert) 28 October 2011
Yes. You can file caveat in divorce matter also. There is no legal bar.
Shailesh Kr. Shah (Expert) 29 October 2011
you can file caveat in divroce case.
dev kapoor (Expert) 29 October 2011
As a Divorce petition is like a Civil Suit,there is no bar for filing a CAVEAT but what you want to achieve by filing a Caveat is not understood.No fruitful purpose is to be served.In some cases advocates advice the filing of Caveats in cases like yours but thats only for extracting FEE.
prabhakar singh (Expert) 29 October 2011
Your query is governed by provisions of section 148A of the code of civil procedure
which i consider necessary to reproduce here in view of advises served here to you.

The provision reads"[148A. Right to lodge a caveat.
(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof."

Now it is useless for me to speak any thing more as "unless you expect any interim application against you in the DIVORCE petition likely to be filled,YOU HAVE NO RIGHT TO LODGE CAVEAT is the law .
Shonee Kapoor (Expert) 30 October 2011
Correct, why would the court want to hear you first.


Shonee Kapoor

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