Should this be mentioned in counter?

Amit (Querist) 19 November 2012 This query is : Resolved
Hi Experts,

My wife filed preliminary objection to my divorce (annulment based on fraud) case citing time bar as well as cohabitation post discovery of fraud. In her objection petition, she mentioned that the petition is time barred (which it is not and we have enough proofs) and also that we've met regularly outside and that I've lot of love for her and accepted her despite fraud but due to my parent's pressure, not living with her.

Fact is that, after discovery of fraud (and separation), I've met her outside (on the road, near some popular places) to discuss and resolve the divorce issue on three occasions. We've not cohabited and neither have I pardoned for her fraud (nature of the fraud is irrelevant for this thread).

She produced parking tickets etc to prove that my vehicle was there at that time (no names mentioned anywhere). I also doubt that she has phone records of meeting arrangement.

My advocate is preparing counter for this. He says that we should mention that we met but only to resolve the issue outside court.
Is he right on this? Can we completely deny that we met (but what if she proves that we indeed met)? Or if we mention that we indeed met, will the judge infer adversely?

Thanks

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V R SHROFF (Expert) 19 November 2012
If u continue marriage relationship, had physical relationship, then only the case is time barred.
Only meeting at public places, or talking does not prove cohabitation.

Wait for Judgement on Preliminary Objections.
Court may reject the Application, and order that it will be decided on production of evidence along with final order.
I think, your Advocate is right. It will not go against you. Be specific, that there was no husband-wife relationship.

If she proves it, it saves ur trouble and time, as she otherwise can prove it too, and it cost you.

ajay sethi (Expert) 19 November 2012
go by your lawyer advise . mention that you met for resolvin the disputes . dont surpress truth . it wont affect your case adversely

Amit (Querist) 19 November 2012
Thanks Shroff and Ajay sir.

Devajyoti Barman (Expert) 19 November 2012
Meeting road-side does not mean resumption of cohabitation.
So let your advocate write what he has advised.