Ongoing cruelties in divorce case
rajiv_lodha
(Querist) 14 May 2012
This query is : Resolved
I applied for divorce on cruelty grounds 2 years ago. Due to court delays & excess time in mediation, case moved at very slow pace. Now its due for petitioners’ evidence. I have a few questions.
After submission of divorce petition, wife never stopped her cruelty as
* She abandoned the minor child at my workplace, which I immediately informed to the police via daily-entry. I kept the child as she never wanted to take it (in DV case she stated that husband has snatched the child, but no proof with her)
* She put false 498a+406 upon me, but FIR was not recommended, even re-enquiry was done on her demand; but it also cud not bear fruit 2nd time. I have both CAW cell closure reports via RTI.
* She launched false DV also, interim orders lie in my favour, case still on.
* Trespassed into parents’ house depite of denial of residential rights in interim DV orders, she stands summoned for CRIMINAL TRASSPASS in MM court in a different complaint case (from parents). This matter still sub-judice.
Now I want to ask
1) These ongoing cruelties are done after my divorce petition but before my ‘evidence stage’. Whether these cruelties will be counted if I want to take them on record in my statement which is due?
2) During my ‘evidence’ date, is it so that petitioner repeats all his original draft line by line or something more is allowed?
3) At this stage, can the petitioner bring forth relevant documents which help to prove cruelty or he has to stick to events mentioned in his original petition? How much is the elbow space usually?
SAINATH DEVALLA
(Expert) 14 May 2012
Dear Rajiv,
If what you have mentioned is true and correct,merits are on your side.Gather all valid evidence against her which would substantiate your defence.
ajay sethi
(Expert) 14 May 2012
you can in your affidavit of evidence rely upon polic report which shows that she abandoned the child at your work place . her case you snatched the child falls flat .
you can also rely upon closure reports to show that she makes wild and unsubstaniated allegations
you have elbow space to prove her allegations false .
Shonee Kapoor
(Expert) 14 May 2012
I disagree with experts, you would need to amend the plaint to add these cruelties if you want to take benefit of it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 14 May 2012
Apply court for permission to amend Plaint, and add further cruelty, to record the same and read in evidence examining witnesses for bringing new material facts on record to meet the end of justice.
rajiv_lodha
(Querist) 15 May 2012
If amendment is applied, it will be contested. It has 50% chances to taste success (amendment petition). My local advo says-- "Any type of on-going CRUELTY can be brought into record TILL UR STATEMENT (AFFIDAVIT) IS SUBMITTED. If grounds other than cruelty are to be added only then amendment petition is necessary."
Experts, plz guide if on-going cruelties can be made to count without amendment petition?
Plz help, its mental stress to move against the tide with confusion around!
rajiv_lodha
(Querist) 18 May 2012
Experts!
Plz clear the point as there is emergence of 2 different points:
1) Whether cruelties rendered TILL PETITIONERS-EVIDENCE are counted as such?
OR
2) Events covered till u file petition are counted?
If point 1 is true, I shud go ahead with well drafted evidence & If point 2 is correct I shud file amendment petition & contest it.
