Any jugments of HC/SC against dismissing divorce petition filed under incorrect section ie. HMA 13(1) on ground of impotency & mental cruelty?
The divorce petition under HMA 13(1) showing the grounds as impotency, ill treating and mental cruelty was filed within three months after marriage.
The evidence closed now. Issues not framed & trial not started yet.
So, is there any chance to get it dismissed on the ground that it was filed under incorrect section or it was filed before one year after marriage? Till date, neither petitioner nor respondent has taken any steps to correct it.
So, what will be the fate of this petition?
