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Bijuraj S (Proprietor)     10 September 2012

Compensation against damages

A marrige has been annuled by a family court in favour of the petioner (Due to 'No Instructions' given by the oponent advocate). The copy of the decree has not been obtained yet (how much time does it normaly takes)?

What is the appeal period in this case (if at all, respondant wants to for it)?

Can the petitioner go for Compensation against damages (Physical, mental, social and monitary damages), since it was a marriage trap.

The case is decreed in favour of the petiotiner only because, he could gather all strong evidences. Had that not been the case, it could have been the other way around.

Pls advise regarding Compensation against damages at this juncture.



 5 Replies

Bijuraj S (Proprietor)     12 September 2012

Dear Members, Kindly give a reply to this post.

 

Thanking you in anticipation

Adv. Chandrasekhar (Advocate)     12 September 2012

Originally posted by : Bijuraj S


A marrige has been annuled by a family court in favour of the petioner (Due to 'No Instructions' given by the oponent advocate). The copy of the decree has not been obtained yet (how much time does it normaly takes)?

Once decree is passed within one week, one can obtain the copy of the decree and judgment.

What is the appeal period in this case (if at all, respondant wants to for it)?

90 days.  The period taken between the application of certified copy and obtaining the certified copy will be ignored in counting 90 days.

Can the petitioner go for Compensation against damages (Physical, mental, social and monitary damages), since it was a marriage trap.

Rarely it is done, but damages can be obtained only by filing a separate suit.

The case is decreed in favour of the petiotiner only because, he could gather all strong evidences. Had that not been the case, it could have been the other way around.

It is always like that those who can bring the better evidence will get away with the case.  If the respondent thinks that he/she has got better evidence, which could not be brought before the court for the valid reasons, in the appeal, appropriate application be moved either to lead the evidence before the appellate court or to remand the case to the trial court for bringing fresh evidence.

Pls advise regarding Compensation against damages at this juncture.

already replied.

Bijuraj S (Proprietor)     13 September 2012

Thank you Mr Adv Chandu. Thank you very much. 

I quote

"Rarely it is done, but damages can be obtained only by filing a separate suit"

I unquote

Is there any particuar time limit for filing a seperate suit for compensation.  Will the decree be suspended, till the time, decision on compensation arrives? (if the respondant is not going for appeal)

 

Thanking you in anticipation for your reply

 

 

Adv. Chandrasekhar (Advocate)     17 September 2012

The limitation is one year from the date of cause of action to file a suit seeking damages.  In the suit, the plaintiff has to prove the marriage trap and bring out grounds forcefully regarding torts met by him/her for justifying the claim of damages.

Bijuraj S (Proprietor)     19 September 2012

Respected advocates, Pls advise more on this matter

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