Legal Question in Family Law in India
RE - absence of cause of action
MUTUAL CONSENT FOR DIVORCE - DISMISSED SINCE I DIDN'T WANT TO GIVE DIVORCE TO MY WIFE. MY WIFE STATED THAT SHE WANTS DIVORCE SINCE SHE HAS NOT LIVED WITH ME SINCE THE DATE OF MARRIAGE AND I STATED THAT I WANT TO LIVE WITH HER.
2ND PETITION FILED BY MY WIFE UNDER SECTION 13(1) (a-i) UNER HINDU MARRIAGE ACT - MENTAL CRUELTY
I NOW WANTED TO KNOW WHEN SHE HAS STATED THAT SHE HAS NOT LIVED WITH IN THE COURT, HOW COULD SHE STATE THAT A CRUELTY WAS CONDUCTED????? IS MY WIFE--name removed--PETITION SUBJECT TO MAINTAINABILITY, RESJUDICATA AND ABSENCE OF CAUSE OF ACTION
I FILED ANOTHER PETITION TO REJECT OP OF MY WIFE UNDER ORDER 7 RULE 11 OF CPC 151 & SHE HAS REPLIED THRU HER COUNSEL THAT IT IS NOT APPLICABLE IN FAMILY COURT SINCE ORDER 7 RULE 11 OF CPC-151 WILL NOT BIND THE HINDU MARRIAGE ACT IN THE FAMILY COURT. PLS ADVICE ME WHAT I SHOULD DO NEXT TO REJECT THE ORIGINAL PETITION. I'VE A STRONG INTENTION TO LIVE ONLY WITH MY WIFE ALONE AND CANT THINK ANY ONE ELSE IN MY HEART. MY WIFE IS FILING ALL THESE BASED ON HER PARENT--name removed--UNDUE INFLUENCE. MY ADVOCATE HAS ALSO HELPING IN MY WIFE THRU MY WIFE--name removed--COUNSEL AND. MY WIFE IS AFRAID TO COME BACK TO ME SINCE HER PARENTS THREATENED HER COMMITING SUICIDE
7 Answers from Attorneys
Re: RE - absence of cause of action
your question is interesting - it is rather a question of fact than LAW!
cpc is applicable to family court!
consult a good lawyer!
Re: RE - absence of cause of action
good afternoon
please contact personally for this matter and charges will apply for advice
Re: RE - absence of cause of action
I have already anwered today. Please verify the other question.
Order 7 Rule 11 is not maintainable in your case even though C.P.C. applies to Family courts.
You have a remedy i.e., filing Petition to decide the same as a preliminary issue and dismiss the main case as not maintainable.
Re: RE - absence of cause of action
answer to your question has been given above.
I repeat : Section 11 and Order 7 R 11 are not applicable to ur case.
Re: RE - absence of cause of action
I have already anwered today. Please verify the other question.
Order 7 Rule 11 is not maintainable in your case even though C.P.C. applies to Family courts.
You have a remedy i.e., filing Petition to decide the same as a preliminary issue and dismiss the main case as not maintainable.
Re: RE - absence of cause of action
First of all you have to file the reply/ writtenstatement and in that you have to raised the objection that the petition has no cause of action and made request to dismiss the case under order 7 rule 11 CPC by taking this objection as preliminary issue. Provisions of CPC are also applicable in your matter as per various judgements
Re: RE - absence of cause of action
order 7 rule 11 will not apply as this is for different purpose. the statments if differ has to be argued in the arguments and evidence.
cpc is applicable to divorce cases.
For further and detailed advice please contact me personally. Consultation charges will apply.
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