Sufficient reason to dismiss/dispose a divorce case on merits...
Querist :
Anonymous
(Querist) 09 January 2011
This query is : Resolved
I am wife and mother of a daughter who is facing divorce case 'cruelty' as per hindu marriage act.
I am getting maintenance for me and my daughter.
child visitation case is going on even though I told that 'I want my husband to visit my kid' and no objections (she is too small/kid in primary school to be taken away.)
I want to dismiss the whole case. Affidavit (Exh. 7) supplied with main petition (Exh. 1) of husbband, which talks about few things.
But maintenance Order script in which husband's lawyer/husband admitted few facts which cause grave mismatch.
As per main petition he was unemployed and without earnings for 8 months, but for the same period he says in 'maint Order' that he resumed another job (less paying) with a 5 days of gap.
This 8 months and 5 days is a grave mismatch and he has told falsity and lies in Exh. 1 and Exh 7.
Doesn't that become ground to dismiss case for shoddy and unclean hands behavior?
I have read HMA and many posts on this forum: HMA says in Sec 23 "Decree in proceedings" (e) 'there is no other legal ground why relief should not be granted'
Isn't a person lying in affidavit and telling another thing himself in maint trial, 'a sufficient legal ground/basis' to dismiss the trial?
Why judge has to decide the whole case? Anyways the case is very absurd allegations.
Devajyoti Barman
(Expert) 09 January 2011
The discrepancy or contradiction you mentioned s not sufficient for the dismissal of the petition. However if from the perusal of the concerned pleadings it appears that the person has lied on oath to mislead the court to his own beneft then you could file petition u/s 340 crpc for initiating proceeding for perjury.
Querist :
Anonymous
(Querist) 09 January 2011
Thank you Adv Berman,
Husband definitely mislead court for his benefit only and at the cost of mine and my small daughter.
Are you saying u/s 340 there is a way to dismiss this case? It is only a divorce case and nothing going on at criminal court.
Punishing husband is not my expectation. I want to get rid of this exausting trial.
Dear sir,
Kindly give only one example about clause:
HMA says in Sec 23: "Decree in proceedings"........ (e) 'there is no other legal ground why relief should not be granted'
What is this 'legal ground' it is talking about.
Your example would help me understand it.
Isn't he talking advantage of his wn wrongs by telling lies and hiding about income, employment and thus causing misbehavior to me as his wife?
I am saying that instead of trying to prove some thing is 'completely white' if someone is able to show a few big dots on it, it automatically comes to an end of quest whether it is 'completely white' or not.
Are you saying that judge would searh until last line in his petition to find out whther there any cruelty or not?
What about cruelties by him which are getting revealed during the trial like above one?
Just because he is 'complainant' should he be necessarily heard until last line of his petition?
I am really confused about all this.
Now I am losing hope that all that's happening is really meaningless.
Why nobody else ever came across such question on this forum?
Is my question incorrect?
Why am I made to go through this without any of my faults?
People don't go even to the doctor that often, it is really stressing financially mainly to go to court every month for so many months.
Whole life is disturbed and I am made to change the location also.
I have written it in 'forum' section also today.
Regards
Damayanti Deshmukh
G. ARAVINTHAN
(Expert) 10 January 2011
State clear facts that enable our members t5o answer you properly
Amit Minocha
(Expert) 10 January 2011
there are various citations of Hon'ble Supreme Court as well as Delhi High Court which says one who doesnot come with clean hands before the Court his case can be thrown out at any stage of proceedings. amitminocha@yahoo.com
Querist :
Anonymous
(Querist) 11 January 2011
Amit minocha sir,
I did post my query on many different websites. Content was almost the same.
1. husband tells lies in main petition and supporting affidavit (about job and employment tenures, he shows he was unemployed for 8 months during the dispute etc and ).
2. During maint case gives a different version and its proofs also (about same above things and hence above things are lies)
3. Main petition even framing of issues is not yet happened.
Responses so far:
1.Discrepancy or contradiction in petition and its affidavit not enough to dismiss the whole petition...it may only strike off those portions of the petition.
2.Framing is not done. So husband may say it was a mistake which needs to be corrected.
3.Lying under affidavit is an offence but it is ignored in India, for support affidavits and only verification is enough,
4.Anyways that affidavit is not an evidence. Case hasn't reached to evidence stage or framing also.
5.'Unclean hands' only strikes off that portion from petition and affidavit and not the whole plea!!! where is the guarranty that I didn't do any cruelty on him!!! It is quite possible that both are doing cruelty on each other!!! (unbelievable. I felt as if my opposite lawyer wrote it. he is really hopeless.)
Good excuse for 'unclean hands' isn't it!!!
In short, I have got negative answers. And it seems husbands are allowed to do such lies in court matters, in our country.
I have lost hopes.
