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Author Topic: If wife withdraws 13B unilaterlly then can divorce be granted on basis of CPC151  (Read 1697 times)

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Offline Sankalp

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Me and my wife appeared in 13B HMA first motion. after passing of 18 months she has filed application for withdrwal as she has laready filed 13 1 A divorce in another city.

Her intentions are to  close 13B after taking money in first motion and to seek more alimony in other divorce suite u/s 13 1 A

Can I seek divorce from family court where 13B is pending on the basis of CPC 151 which says :

151. Saving of inherent powers of Court? Nothing in this Code shall be deemed to limit or
otherwise affect the inherent power of the Court to make such orders as may be necessary for
the ends of justice or to prevent abuse of the process of the Court.

Or if the above doesnt happen then can I appeal family court to extend time and not to dismiss the 13B suite on context that 18 moths cooling period is alreay over of 13B on basis of CPC 148 ? which says:

148. Enlargement of time? Where any period is fixed or granted by the Court for the doing of any
act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge
such period, even though the period originally fixed or granted may gave expired.

Offline Sankalp

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To add another question based on this ?

Can I give the referenvce of Anil Khatwani Vs Nisha Khatwani case May 2012 Rajasthan HC .

Which is the identical case .

Will family court consider this as unilateral withdrwal of 13B in my case shows cleary the intentions of wife to extort more alimony in 13 1 A HM suite.


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