In divorce petition, wife can ask for alternate reliefs of annulment or divorce. It is valid. Under Section 151 of CPC, Court can consider the application under any ground. You should not ask the court either to accept it as Annulment Petition or Divorce Petition. On the contrary, you should file your reply and explain how it does not make any ground either for annulment or for divorce. It will be considered as divorce petition only if the Court comes to the conclusion that it cannot be accepted as Annulment Petition. Till such conclusion is made, it is Annulment Petition only. Hence, it is filed before completion of one year. If the trial is over before completion of one year and the court comes to the conclusion that it cannot be accepted as annulment petition, court will direct the party to file petition for divorce after completion of one year. You will not come across such time to make appeal on the order of the court accepting divorce petition before one year. ddkharpudikar@indiatimes.com +919850390145
