Cause of action in the petition & the counter
Naresh
(Querist) 04 September 2012
This query is : Resolved
Dear Experts,
I have the following situation
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Wife's version:
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Wife filed a maintenance case u/s 18 HAMA in family court in the body of the petition she stated that "lived together after mediations from the elders and finally separated on 10.11.2001"
But in the cause of action, she stated that "husband necked her out on 10.11.2001", without explaining any circumstances leading to this action of necking her out.
Husband's version:
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In the counter of the above maintenance petition, husband initially started the words with "deny each and every allegation in the above petition except those that are specifically admitted hereunder". Again, below for every point he denied her allegations and stated his own versions, except the cause of action point.
My questions are:-
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(1)Whether this will go against the husband that is to say whether the court might construe that since the husband has not explicitly denied, so will they think that he had necked her out?
(2)Though, he hadn't explicitly denied the cause of action, at some other point he stated that "wife left his company voluntarily without his knowledge and consent". Isn't it sufficient to say that she was not necked out, but left his company voluntarily?
Regards
ajay sethi
(Expert) 04 September 2012
it is always advisable to deal with allegations para wise . you have to deny each and every allegation made in plaint para wise .
in your case you have made a general denial . you can argue that you have stated that she left your cline t voluntarily and without his consent .
