Raghu (professional) 03 July 2010

Petition under section 5 of HMA act

Hi,

I got ex-parte divorce decreee more than 1 year before and the other party knows the fact. They never filed a petition to set aside it.

Now I got a notice saying an IA was filed in that Divorce case and it was mentioned that "Petition filed under section 5 of HM act). I didn't receive the petition copy.

Is this IA related to set asiding the ex-parte decree or a seperate petition? And what are they expecting by filing a petition under section 5 of HMA.

Raghu.

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3 Replies

(Guest)

1. It might be under S. 5 Limitation Act for condonation of delay in filling a IA for setting it aside ! Looks some fraud element they got hold of it later.

2. The best you can do here is to get the inspection of case file done by getting goswara number of that ex party divorce file as by now it might have been consigned into record room.

3. S 5 HMA relates to conditions of a valid Hindu Marriage. Was your marriage not valid as per HMA ? A divorce suit is filed using S. 9 till S. 14 if filed under HMA and S. 5 is priliminary objections therein the suit. Can't add much value addition as the key to pre n post Q N A rests in file inspection at this stage.

rgds.

Raghu (professional) 03 July 2010

Dear Arun Kumar Sir,

Thanks for the reply... May be it is S5 of Limitation act as the in notice the hand writing shows as S5 of CN act and I thought as there is no CN act it might be HM act. As I have submitted the copy of ex-parte divorce decree in 125 crpc case, they have official knowledge of the decree and the have not filed for set asiding that time..After more than one year, now they have filed ... will the condonation delayed?? After having official knowledge of the decree through another court... will it coe under contempt of court order??

As far as S5 of HMA is concerned.. Initially I filed a petiton for S9 of HMA act(RCR) and they have contested it and not raised any objections as per S5 of HMA.. After running that case for 3 years I withdrawn it and filed for Divorce. I got the ex-parte divorce decree as they have not contested it even after receving the divorce notice as they are not interested for contesting...

Can I file any case for contempt of court order against her...?? Will the court condone the delay even after such a long period and having good knowledge of the decree...?

Raghu..

(Guest)

You confuse me now !

1. Suggets to get certified copy of all that has been filed by parties till date and reproduce here just the Titles so that a better guidance / suggestion / advise may come forth accordingly by ld members.

Rgds.