Naresh (In search of job) 18 February 2011

what is the implication of not having a witness in a divorce

Dear members,

I have the following situation in my divorce case filed by me (husband) on 13(1)(1-a) cruelty and divorce.

I wanted to produce a witness in my divorce case, the judge didn't allow him as the other party pleaded that I have n't paid 2 months interim maintenance and closed my end of cross-examination.

On the next date, I pleaded judge to re-open and allow my side of witness production paying the 2-months arrears of maintenance. Still, the judge didn't oblige and dismissed my petition requesting him to re-open my witness production.

My lawyer told me that if I wanted my witness to give evidence, I should go to High court!!!

I have the following questions, regarding the above situation

(1) what is the implication of not allowing my witness? How it is viewed by the court in the final order?

(2) Even the wife wants divorce, but on her grounds that I'm impotent and on the payment of Rs. 50L. So, by not allowing my witness deposing, has it made easier for her to win the case on her grounds? Will I be asked to pay Rs. 50L?

(3) Since, she also wants divorce on her grounds, and since I'm the petitioner, will I be given divorce, even I'm not able to prove cruelty and dessertion, since I'm not allowed my witness to give evidence?

Please help

-Naresh

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3 Replies

What's in a name (Director ) 19 February 2011

You did not pay maintenance to wife to pressurise her for something? When in spite of the court order you use non payment as a weapon to bring her around, you lose a bit of a credibility in the eyes of court. It may not relate directly to your query, there may have been other reasons for the judge to turn down your witness. The reason for it must have been explained to you, you have to let the readers to know the ground on which your witness was not allowed. Then only you will get the right advice from the learned legal experts here.

Naresh (In search of job) 20 February 2011

What ever I explained is the reason and there is no other reason. On that day, when he dismissed my petition, my lawyer was absent, but I was present and I filed under party-in-person.

My cross-examination was over, the previous date and on that date I wanted to ask next date to produce my witness, but without even listening to my explanation, he just asked me, why was my lawyer not present and said he is closing my evidences!!!

Is it not unfair?

-Naresh

Jamai Of Law (propra) 15 March 2011

Naresh ji,

Your wife has counter-relief filed as 'impotency' and annulment of marriage to your divorce etition.

Petitioner has to give alist of witnesses immediately after framing of issues. And Hon'ble court may permit additional witnesses if made such request due to circumstances (like rebuttal)

But there was default from your side on maint. If you can't pay maint then you should have filed for stay and to have it revised due to change of circumstances etc. But until that order is through one has obligation to keep paying.

You wrote, that your wife insisted in mediation that 'impotency be mentioned in in compromise' and hence compromise failed.

Don't get buckled unde pressure and fight your case. (Think as if anyways you have to pay maint like a BP tablets, once prescribed all patients get along with it. Shed resistance and fight your case. Your wife will get frustrated even after getting the maintenance from you!!)

Tenacity pays off.

She knows anyways you have to give some maint/alimony if this is break up, but then don't let them beat the drums that you cowed down. They would also make your life miserable, in future, alleging that 'you are impotent' . Such things haunt for ever.

Fight your case. Don't think of speeding up your case.