Sakshi Sakshi
28 April 2013 at 11:09
Husband filed Divorced suit.
Wife replied by filing WS and traversing all/each and every facts line by line.
Wife also alleged many new facts in WS.
Wife also alleged/raised many contradictions, discrepancies in husband's pleadings (which are of grave nature)
Husband DID NOT file any replication/Additional Plaint/statement (and hence it was assumed and omplied traverse and all new wife's new facts became 'disputed facts'...but husband wasn't exepmted not to expressly deny those new facts alleged by wife, in his exam in chief)
The suit continued for 1.5 years
During which husband admitted some of the new facts alleged by wife (implied as well as an excuse while proceedings on interim applications and it is reduced into writing as previous statement of his)
NOW ... THE ORAL EVIDENCE STAGE CASE and FRAMING OF ISSUES is done.
Husband filed his exam in chief affidavit as per his pleadings.
But he was also liable to deny the additional facts, as mentoined above.
But husband HAS NOT DENIED OR EVEN REFERRED TO ANY OF THOSE FACTS which were alleged by wife, in his exam in chief.
Thus Additional Facts stated in WS are not denied by plaintiff in his Exam-in-chief.
ORAL EVIDENCE is led when facts alleged vide affidavits by both sides are not admitted by parties are hence are in dispute!!!!!
DOES THE ABOVE MEAN that husband had admitted and conceded those new facts?
Ps help
SANDEEP KUMAR
28 April 2013 at 07:58
A wife has filed a case for divorce on the ground of cruelty and the husband in his reply has said that he does not want to contest this case. What should be done or which document should be filed in the court so that the case is decided in favour of wife earliest.
ranjit
27 April 2013 at 23:08
namaste ji
Meri wife ke through file ek application bina u/s mention kiye mujhe mili jiske affidavit main bhi para blank hain jiske bare main jab main court gaya to mujhey pata laga ki weh u/s HMA:13(1)(1a) ki application hai .
Mera aap se ye sawaal hai ki application ke para No-25 aur 26 main kuch baatain nahi likhi gayi hain aur jis tarah se para main likha gaya hai weh main neechey likh raha hoon kya mujhey in dono blank para No25 aur 26 ke liye kya karna chahiye ( kya mujhe apna jawab file karna chahiye )
para 25- that after that the petitioner lodge a complaint against the respondent and his family members at the caw cell on which the FIR
No…………….BLANK……………u/s………BLANK……….was registered with P.S. …BLANK…………. Even then the threatening of the respondent and his family members are still continuing.
Para 26:- That the petitioner had tried her level best to maintain her matrimonial life but all in vain and there is full danger to the life of the petitioner with the respondent and his family member hence the petitioner had no other option to file the present petition u/s …….BLANK……… of HMA.
Help me
Harrased
27 April 2013 at 22:20
My wife has filed 125 by aleging of beating and dowry demand by me n.my family and in counter I filed HMA13 . I want to know that id there any adverse to file HMA13 first ?
Ramkrishna
27 April 2013 at 21:18
Before my marriage, I accquired some land, now my question is has my wife or my children have any rights to it, if I want to sell it now can they object to it?
honeey
27 April 2013 at 20:15
"File Divorce on no-s*x in marriage which is ground udner vide definition of "mental cruelty" (remember not to use non-consummation S. 12 (1) ( c) HMA ground at all) for seeking divorce and service Court Notice to his parents address and also to his UK address (if known) and proceed in due course the suit matter to ex-part route and for this ground you have to produce your own witnesses who will vouch that since the very marriage date your husband has neither remained present nor physically come closer to you and caused s*xual act to complete cohabitiation as husband and wife. Court will grant divorce ex-part. "
hv some question in my mind.
till nw, m under impression tht affidavit/statement of our own witness is not valid. it may be termed as a wasted interest.
in that case, does witness of our person consider ?
besides, like to knw whether his parent can reply the notice as well contest the reply.
GSR
27 April 2013 at 18:08
Dear experts
Please provide suitable advise on below
Maintenance X amount was given in CRPC 125, around 2 years back. After that Domestic violence case was filed for getting residence. Amount Y was given for providing rent amount for wife. So total amount X+Y is very huge for husband to pay now.
1. What are the options to reduce the maintenance ? can revision be filed in CRPC 125 case, to consider residence amount given under DVC as part of maintenance under CRPC 125 ?
2. Any other grounds for husband to approach on reducing this maintenance ?
3. Please provide if there are any citation/judgements supporting this ?
Thanks !
INDIAN
27 April 2013 at 16:36
Respected Experts, My sister has filed a case of 125 for maintenance with reason her husband and inlaws were demanding the dowry and kicked her out. In reply to our petition he has replied that he is earning 8k to 10 k where as we have filed that he is earning 40K. but we have nothing to proof like IT return extra. He is running a shop. He is not filing any ITR. Living on rent with his mother and elder son of 3 years they have kept forcibaly as my sister was pregnent and she is having a 3 nonths old . 4 hearing in the court has passed. My sister is not doing any.job and no mean to earn as 2nd son is too small for taking care. Now my query is in.these circumstances what amt we can expect that court will order as interim
R.Ramesh
27 April 2013 at 15:42
Good Evening Sir,
1.I got married 2years 6 months back
2. she stayed only 3weeks with me after marriage after 1year 6months she kept false 498 case on me and on my family members and we got bail
3.last week I had sent divorce notice to her and 4days back she sended us 125 crpc notice from court
4.during the time of marriage she said that she is completed graduation but I did not checked her certificate
5.Iam unemployed and going to pursue 3yrs LLB by regular college for academic year 2013 – 2014.
6.Iam having personal loans upto 4 lakhs
7.Iam the elder son and only educated person in my family and iam having unmarried sister and unmarried brother who are depended on me.
So, above on all these circumstances is there any chance for me for getting excuse from paying maintenance to wife or is there any chance for reducing to least amount. So, please give me your valuable information on this. Thanking you.
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