can wife file suit for divorce when husbund has filed suit for restitution of marriage

ADVOCATE

  Hi dear freinds I want to know can a wife file a suit for divorce, when a husbund has already filed a suit for restitution of conjugal rights, actually husbund has done this to only avoid maitainance, he ill treats wife and also beats her, will not the suit for divorce be barred by rejudicata. Please any body can help me?
 
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My dear Friend, She can ask for divorce in restitution of conjugal right by way of Counter claim.  She can file for divorce pettion and clubbed the restittion of conjugal right petition and Divorce pettion in one court Hall. 

 
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Legal Consultant / Solicitor

Yes bothe can be done. If the husband want to make seperate or avoid multiplicity of proceedings, then he better can file as a counter claim woth payment of Court Fee so that he can claim his right in the very ssame suit

 
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Advocate

See section 23A of HMA

 
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Advocate

My friends abswered. Both can be doen together.

 
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Advocate

it is like mercy petition after death sentence.

 
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