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Anand (CEO)     14 September 2013

Adding brother-in-law as party

I am impressed with some of the responses on this site.  I have a question now that requires a real expert to respond.  There is a divorce petition filed by me. I want to add my brother-in-law as a party to recover certain damages because the losses were incurred as a result of the matrimonial relationship with his sister. Question is how to do this? I checked judgments and yes I can do this is Family Court. Now, procedurally, what needs to be done? Do I file two applications? One to add him as a party and the other to seek recovery/compensation under the law of torts making him and my wife as defendant? Or can I combine the two applications? How do I serve him. Serving her is simple. I just give the application to her. WHat about him? I want the shortest way to have him be joined as a defendant. I do not want to file a separate petition.

ONLY GENUINE EXPERTS NEED REPLY. WILL GIVE YOU A BIG THUMBS UP IF YOU CAN GIVE PRECISE ANSWER WITH SPECIFIC CITATION OF THE CPC SECTION.



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 2 Replies


(Guest)

Dear querist,

 

Whatever damages been done by your BIL was through the relation of her sister.You can make him respondent No.2 in your relief pettition.

In my opinion you put the circumstances through which incident had happened and the cause of that was your wife along with your BIL.

If  leave is granted and judgement is passed in favour of you, then you can certainly claim for defamation and recovery of such claims.

 

For citation you have to search on Indiankanoon.co.in.

and other cites which mainy exhibits citations and judgements ,just google and search.

 

regards.

Advocate Ravinder (Advocate/Attorney)     17 September 2013

You cannot add him as respondent in divorce petition, since there is no relief claimed against him.  The divorce petition is against your wife and not against your BIL.  If you have any problem with him you have to file seperate suit or petition or criminal case etc.  


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