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guy669 (xyx)     18 September 2012

Sec cpc 10

Respected sir,

     I have applied for divorce against my wife on reasons for non consumption of marriage and marriage to be treated as null and void, later my wife has filed a similar case of null and void,can i cancel my wifes petition under sec cpc 10 stay of suit,as i am the first petitioner for this case, the case is in the same court , with same subject .

can anyone please advice me 

 

thanks

good guy



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 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     18 September 2012

No you cannot since you two have different causes of action against each other which are independant, you cannot seek to use S.10 (Doctrien of Subjudice) to get her petition stayed, as the matter in issue in both the suits is different due to different causes of action.


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