court case maintable or not.
minsal
(Querist) 10 September 2012
This query is : Resolved
Sir/s,
in a family court, a wife on the ground of cruelty and demanding dowry, has filed a case against her husband for divorce and maintenance for herself and their child.
Before the same court previously her brother has filed a case demanding divorce for non consuming his marriage aas there was no physical relation between himseslf and his wife. in those matter his wife in her reply agreed that their marriaged was incomplete but alleged about an illegal relation (Adultery) between her husband and his sister(who is petitioner in present petition)the said matter then settled out of court and both of them filed a jt. petition for divorce.
in the said petition the advocate who appeared for the girl who has made allegation about adultery against her sister-in-law, the same advocate appeared in present matter for the petitioner (lady) against whom she made an allegations of adultery (An illicit relation with her brother)in previous petition.
my query is that on the basis of previous record, can husband in present petition file an application of non-maintainability of his wife's case, as her own Advocate made such serious allegation against her own client in other case.
Reply pl. it is an urgent matter.
Sudhir Kumar, Advocate
(Expert) 10 September 2012
Did the brother oppose the allegation made by his wife.
Further whether the same advocate who argued agianst character of the lady on behalf of his brother's wife, is now appearing for her.
minsal
(Querist) 10 September 2012
obviously sir. brother oppose the allegation but it is an admitted fact by both the parties that their marriage was incomplete as from the day one there was no physical relation between husband and wife. and the dispute settled between the parties and they filed an application to convert the petition u/s. 13-B.
Yes sir, It is the fact that the same advocate who filed writtenstatement and argued against the character of the lady on behalf of her brother's wife, is now appearing for her.
pl. sir, guide us what to do?
Sudhir Kumar, Advocate
(Expert) 11 September 2012
did he also oppose allegation of sexual relation with sister.
minsal
(Querist) 11 September 2012
obviously.
Actually wife has filed different complainants against husband. the husband then filed a divorce petition. in the said petition wife made an allegation (about illicit relation between brother and his younger sister.) against the husband and his younger sister.further she didn't said any thing about elder sister of her husband. not a single allegation about cruelty or other.
Sudhir Kumar, Advocate
(Expert) 12 September 2012
It appears that neither your wife nor her brother ever admitted the allegations made by that lady (wife of your wife's brother)on your wife's character.
Is that lady (wife of your wife's brother) after the compromise with her husband, willing to give evidence in support of your proposed allegation of you wife having relation with her brother?
If not then what evidence do you have?
Now question further is that the same advocate who pressed these charges against your wife will be defending the same charge against her when you allege. This appears to be a professional impropriety. You may consult your lawyer with relevant papers on the issue.
minsal
(Querist) 12 September 2012
Sir ji, I've got the certified copies of the said proceedings.
2nd thing the said lady is remarried and settled in her life so she won't come.
3rd my advocate has filed an application that the petition is non maintainable as the same advocate is appear for petitioner against whom she made allegations of adultery and cruelty. but i want to make my defense strong. hence i want some strong guide line.
