D V K KUMAR 11 August 2017

Law of limitation and divorce petition

Dear Experts, kindly solve my query.

My friend had filed divorce petition u/s 13 HMA at Kanpur Family court on 29-01-2014. Notice issued / recived by wife. She appeared and file her WS. Afterwards she stops appearing; her advocate also remains absent resultant of which the Hon'ble Court proceeded ex-partae agaisnt wife. Now the case is at argumet stage.

Now on 20-04-2017, his wife filed divorce petition u/s 13 HMA at Mumbai Family Court, mentioning knwoledge of husbands divorce petition dated 29-01-2014 in her plaint with supporting affidavit and particularly mentioning cause of action date as 25-01-2014. Husband appered and challanged maintainibilty of wife's divorce petition on the basis of absence of any applicaiton regarding condonation of delay of 03 years in filing the petition and no cause of action...etc.

My question are as follows :

1). Whether filing of divorce petition u/s 13-HMA should mention delay in filing such petition i.e., the date of cause of action to the date of filing the petition ? If Yes, please explain with citations.

2). Whether Law of Limitation (1963) holds ground or is applicable in filing of divorce petition u/s 13 HMA ? If yes, please mention the seciton of Limitation act which enable for doing so,along with, citations.

3). Whether Sections mentioned in Civil Procedure Code (CPC) is applicalbe in the Law of HMA-1955 ?

Regards,

DVK

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4 Replies

Siddharth Srivastava (Advocate) 11 August 2017

The plea raised are useless. Your friends require to file application for rejection of plaint by wife on ground of pendency of same case among the parties. Sidharth 9811776422

S P SRIVASTAVA (ADVOCATE) 13 August 2017

I support views of my ld. friend Mr. Sidharth Srivastav. Case filed by you is still pending and she despite having appeared and filed her WS failed to appear further. Her divorce petition now filed in Mumbai is subsequent to your divorce petition. So, it is evident that she has no ground to oppose your petition and also willing to get divorce. Let she join in your petition by convertting the same into MCD and get divorce in shortest period. But she has to withdraw her petition before joining your petition as MCD.

9811405665

Siddharth Srivastava (Advocate) 14 August 2017

Disgusting to see such comments.

Adv Radhika Mehta (Advocate) 15 August 2017

The Petition filed by your friend has not been heard or decreed as yet. It is still in the argument stage. Therefore, the plea raised by your friend and the suggestions given hereinabove are both not applicable. The wife can file for divorce at any point of time.

However, your friend can get an ex-parte decree of Divorce and thereafter file the certified copy of the same before the Bandra Family Court to get his wife's Petition for Divorce rejected on the ground of Sec 10, CPC.

Yes, the provisions to CPC do apply to HMA.