Tarun Kalra LL.M, M.B.A
(Querist) 22 July 2009
This query is : Resolved
is petition of section 9 of hma is maintanable from husband side, when the petition under section 125 crpc is alrready pending from the side of wife in the court. if yes then is it mandatory to metion the pending petition of 125 in the new petition of section 9 of hma? or to give any reference of pending petion of 125 crpc in new petition of section 9 hma? plz solve
Pleading without proof andproof without pleading is of no use in a court of law. It is not a must to mentions all facts in a case. Pleading about SEc. 125 petition is always bettter since the court may say that you have purposefully supressed it. Even if such a pleading is taken, there is nothing wrong and you are not going to loose, if you are able to prove your facts by evidence.
Sarvesh Kumar Sharma Advocate
(Expert) 22 July 2009
sec. 9 conjugal right is different matter. and sec.125 c.r.p.c. is different. every body has right to file the each case which is entitle for their facts.
(Expert) 26 July 2009
Mr. Kalra, You may file a suit under section 9 of HMA even if the petition u/s 125 CrPC is filed by the wife. You may mention the same in your pleadings, however, it may affect your case, but still it is maintainable.