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onkar singh   26 July 2023

Application to dismiss crpc 125 petition

A(male) : hindu by relgion
B(female) : christian by reliion
B filed crpc 125 under HMA, both parties income affidavit submitted, interim order is pending

query : can A move application under 7/11 to dismiss the crpc 125 because marriage is void and probhited by law...
S5 HMA : a marriage may be soleminized between 2 hindu. B is not hindu and precondition is not full filled
A moved 340 against income affidavit and preliminary enquiry is pending (adjournment for 3 month -- long dates by principle judge -- delay tactis)
or suggest me order/rule or best way to dismiss crpc 125


 1 Replies

P. Venu (Advocate)     26 July 2023

A, by his own conduct, is estopped from seeking dismissal of the petition on the ground of marriage being allegedly prohibited.

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