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Akash (Service)     26 March 2012

Need urgent help

Dear All,

Kindly suggest. My wife have filled a case u/s 12-1-c against me on 3/02/2012. I got notice for 23/03/2012. I attend the date with my answer with no objection for Null and Void. But during hearing at the very beganing judge told that the application and ground is not valid he declined the application of my wife.  I am staying in different city. 

 

I want to know if the application is not valid why court send notice to me.



Learning

 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 March 2012

Dear Querist,

The fact that you agreed to the decree being granted would put the court on watch to make sure that there is no collussion. A collusive legal suit is a sham proceedings initatited before the court whereby parties have already agreed not to contest and get the relief. Your agreeing to decree being granted - would not absolve your wife to still prove fraud/force as to consent, if not proved no relief.  ADVISE : if you both agree - go in for a mutual consent

S.K.Maanav (International President International Hindu Personal Law Board)     26 March 2012

Sending notice is process of law it is not decision.

Adv. Chandrasekhar (Advocate)     26 March 2012

Yes, Mr. Akash.  You are absolutely correct.  The proper procedure should be that when a party ( here the wife) filed a case, it is bounden duty of the court, whether such petition requires even notice to the opposite party.  Here, the judge overlooked the aspect and in routine manner issued the notice, but in second hearing, he understood his folly and dismissed her petition.  Unfortunately, for no fault of yours, you spent huge amount to come all the way to appear in court.

Adv. Chandrasekhar (Advocate)     26 March 2012

Now, tell us on what grounds the court dismissed her petition.  You ask her to remove such anamoly and refile the petition.

Akash (Service)     27 March 2012

Thanks a lot to all. Court dismiss the petition saying that the ground is not valid. As MCD will take time and now both we agreed for seperation we are now searching a strong ground. Her advocate advise her to file new petition on impotence ground as it will take less period of time and same advocate informed me to accepet again it in the court. 

Kindly suggest--

I have no issue to accept. But during hearing if court will ask any proof for that from me?

Wht other things should I do so that court will accept the petition.

As we both do not want long time for this.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     01 April 2012

DON'T PLAY WITH COURTS.


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