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(Guest)

Dimiss the ia u/s 151 cpc even though fraud on court proved

one of my relative filed a divorce OP in colleteral proceeding under section 13 1(a)(2) in LB nagar court , as he is previous divorce op dismissed , now the previous presiding officer unable identified the respodent's fraud played on the hon'ble court . Now in this current OP , my relative challenge the fraud plyed on the court by respodent via 151 CPC and , he established the fraud played on the court by his wife (respondent) and the prayer portion is , since the fraud proved the matter not heard on merits , hence disslotion of marriage granted Even though the fraud played on court established the learned judge dismissed the IA (151 cpc) as both in main Op and even in IA the relief is same . My question here there are several supreme court ciation states once fraud proved there ends teh matter , is there anything strictly states in the family court act that " the relief in IA strictly different from main Op ". Please suggest your valuable thoughts . Regards .... Venkat


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 3 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     10 January 2017

Take the Certify copy of ALL Documents from Family Court, and File Writ in High Court.


(Guest)

Thanks a lot Zoheb Khatri saab ,

 

one more small  concern , is there any mandatory rule exists in the settled law which states , the relief of IA should be different from MAIN OP.

Thanks ,

Venkat

Sachin (N.A)     10 January 2017

Why to use 151 CPC , if there is fraud upon court and not sections of perjury?


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