Legal Question in Family Law in India

Hi, I filed a petition for restitution of conjugal rights but before that my husband has commenced proceedings for divorce can my petition be stayed by application of sec 10 of CPC


Asked on 8/04/11, 2:47 am

5 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

no, it cannot be as the reliefs claimed are opposite and not the same so res judicata is not attracted.

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Answered on 8/04/11, 3:02 am
Sanjay Kalra Sanjay Kalra & Associates

No, as the relief claimed in each petitions are diametrically opposite.

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Answered on 8/04/11, 3:05 am
KAMAL GROVER

your petition will be continue but you also have to reply in his divorce case and defend your both the cases

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Answered on 8/05/11, 12:04 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

no way

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Answered on 8/06/11, 7:23 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

res judicata is not attracted

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Answered on 8/08/11, 8:25 pm


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