Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: If wife withdraws 13B unilaterlly then can divorce be granted on basis of CPC151  (Read 960 times)

0 Members and 1 Guest are viewing this topic.

Offline Sankalp

  • Newlaw
  • *
  • Posts: 6
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
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

  • Newlaw
  • *
  • Posts: 6
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
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.

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India