Written objection in divorce case

fighter

Dear All,

Wife has sent a 15 page divorce petition with allegations. I had prepared a detailed response denying each allegation and then mentioning the true facts or actual issue. However my lawyer is refusing to submit it. He prepared a 3 page written objection where he has just denied each paragraph. He is saying later on during evidence we will give details,

Is it possible that I just deny the allegations and later on we can give details? Is it a good idea just to deny wife's allegations.

 
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N.A

Originally posted by : Rakesh Agr
Dear All,

Wife has sent a 15 page divorce petition with allegations. I had prepared a detailed response denying each allegation and then mentioning the true facts or actual issue. However my lawyer is refusing to submit it. He prepared a 3 page written objection where he has just denied each paragraph. He is saying later on during evidence we will give details,

Is it possible that I just deny the allegations and later on we can give details? Is it a good idea just to deny wife's allegations.

 

Your lawyer is correct . By denying the allegations you will shift the responsibility to porve to your wife. You can use your defensive points later like at stage of cross-examination or defense evidence.


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fighter

Can you kindly elaborate because evidence is based on pleadings. So if I do not mention details then how can I add those points in evidence affidavit. Wife's advocate will say these were not mentioned in pleadings so cannot be brought up now.

Please can you elaborate.

 
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HI Rakesh,

You can follow either of two ways, but it depends on your lawyer with which he is comfortable.

In my case also, I faced this kind of situation. But I have choosen the attacking way, because my intetion is to proove that she is wrong and I want to file perjury later.

1. Denying all allegations : This is more of defencing side. As the burden is on the petitioner to prove, you can deny all the allegations. Here cross examination is the key for you. You have to use all your evidences here.

2. Explaining actual facts : This is more of attacking side. Here you can mention all the actual facts with the evidences. If you can file it with proper documentation, your wifes version will be changed in her chief affidavit. It will be an advantage for you.If she still submits her chief with the same false allegations, you ll have good chance to file perjury cases on her.

But it is always adviceble to go as per your advocate, because he is the person to handle it. Some times submitting all the evidences with counter will give chance for the petitioner to prepare for cross examination. That is why most of the advocates wont prefer this.

Thanks,

Arjun

 
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fighter

okay thank you. But if my WO (pleadings) do not contain anything except denial then how can I bring them in evidence ? Evidence should be as per pleading as far as I know. So if I do not mention anything in WO then in evidence afdfidavit can I add details? Wont it be considered as additional plea and objected by oppsition.

 
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You can deny her allegations and say the facts. But dont submit the evidencs with your WS. Keep them for your cross.

Hope this helps.

 
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