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2015 (4) TMI 1286 - DELHI HIGH COURTPrinciple of in pari delicto - Declaration and permanent injunction by the plaintiff - transferring or creating third party rights in property - dissolution of marriage by a decree of divorce under Section 13-B(2) - HELD THAT:- This Court is of the view that plaintiff has been taking “convenient stands‟ presumably to defeat the rights of his creditors, without any regard for truth - In this Court's opinion, after obtaining a decree of divorce on the basis of sworn affidavits that the plaintiff had not been cohabitating with his wife since 01st March, 2011, the plaintiff cannot today contend that he has never lived separately from defendant No.1-wife. It is settled law that when parties to a legal controversy are in pari delicto neither can obtain any relief from the Court, since both are at equal fault or of equal guilt. This Court is of the view that the present plaint is barred by the principle of in pari delicto - the present plaint and applications are rejected as barred by law under Order VII Rule 11 CPC.
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