Contradictions
Querist :
Anonymous
(Querist) 19 January 2012
This query is : Resolved
sir
mine is matrimonial issue pending in the court. i filed OP to declare my marriage with the Respondent as null and void as she is having living first husband. she filed counter. and first husband also filed OS to declare my marriage as null and void. now my question is sir that the respondent filed counter in OP and Written Statement in OS by taking differnet versions i mean to say that she is saying one thing in my OP and another thing in OS. there are so many contraditions like that. unable to take consideration any of her pleadings in OP counter and OS written statment.
Sir please suggest any citation to expose this type of charecter in the court. arugments are coming near by . i want to file some of the judgments in this aspect. please forward me the citations relating to contradictions in the pleadings.
Devajyoti Barman
(Expert) 19 January 2012
No citation is required. Do not run after citations blindly as it would win your case if it does not apply in your case or the case does not have any merit.
Your case already has good merit.
Just cash in on the contradictions.
Deepak Nair
(Expert) 19 January 2012
The contradiction in the statements by your wife itself is a strong ground in your favour.
Further, the original husband of your wife too has fined his say. Therefore you have a strong case in your hand and the result will be in your favour.
Any way, the so called wife will not be able to prove those contradictory statements before the court.
Raj Kumar Makkad
(Expert) 19 January 2012
I have similar opinion as expressed above.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 January 2012
people are obessed with citations and judgements and than sit on the head of the advocate who loose initiative.
Juggad is Indian word put in English dictionary due to efforts of PUNJABIS AND GUJRATIES. They innovate by using simple parts and coordinate them for better than best results.
Here JUGGAD in reverse. Suppose you build a vehicle put the best engine,put best gears, put best engine put best transmission on a primitive infrastructure. Result total loss., no out put since best can not match with each other.
ajay sethi
(Expert) 19 January 2012
agree with experts
V R SHROFF
(Expert) 19 January 2012
Let Cross Examination over of all concern.
DO IT QUICKLY.
U don't need citations at all.
All Counters and OS and OP are useless, and cannot be read unless PROVED ,BY CROSS EXAMINATION.
In Cross, you prove that your Wife was married with first husband and not divorced till date legally.
MATTER END THERE, AND U WIN.
Shonee Kapoor
(Expert) 19 January 2012
Nothing left to say.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 19 January 2012
am also agree with experts..
you have a good case. both cases in same court? or in various courts?
if its in various courts mean just get copy applications of her counter and written statement.. you can succeed your both cases..
-tom-
Shashikant V. Patil
(Expert) 19 January 2012
Whatelse you want or require. Contradictions omissions will make your case strong enough. Take advantage of it while trial.
Nadeem Qureshi
(Expert) 19 January 2012
Dear querist
I also agree with the experts
you can also file an application before the court under section 340 Crpc read with section 182 IPC for his false statement.
Feel free to call
prabhakar singh
(Expert) 19 January 2012
Neither Order VI rule 2 C.P.C.nor any provision of the code prohibits a party from setting up two or more alternative inconsistent rights or defense.But there is no express provision also allowing such pleadings.In England initially it was not allowed by courts but by passing of Judicature Act,parties liberty in this respect was enlarged.Since then Indian courts have also recognized it and have applied too.It is choice of party at the stage of evidence to choose which case,if two are inconsistent,it desires to prove.
All that is necessary is that all the facts should be clearly and distinctively be stated and there should be no prejudice to the other party and in case of any such apprehension,the court may take recourse to order VI Rule 16 C.P.C. and may pass orders for either striking out or amending the pleadings.
What emerges for query then be cool,let evidence be recorded,see how the other side
is choosing to lead evidence,as if both inconsistencies are tried to be proved then party is inclined to commit suicide of its' case then why the opposite side need to worry at all.
As regards to judgments,several may be searched on http://www.indiankanoon., under head "orgalternative and inconsistent pleadings"
Raj Kumar Makkad
(Expert) 19 January 2012
I think prabhakar singh has resolved the query finally.
Deepak Nair
(Expert) 20 January 2012
Yes. Righlty and sufficiently concluded by Prabhakar Sir.
