Asking the petitioner to file affidavit...
swasti
(Querist) 29 September 2012
This query is : Resolved
Wife filed for annulment on ground of impotency ( used the wordings: not physically and mentally fit for married life) and non consummation. Husband has filed counter denying all allegations, and also filed application (IA) for potency test by medical board. Issue framing and trial not started.
Now, can husband insist for affidavit from wife on allegations in her petition ie. impotency & non consummation?
Is getting such an affidavit before my medical test going to help me anyway?
What are the steps to be taken from my side before pressing my application for potency test?
or
Should I wait and let the court allow my application (IA) on its own or on her request?
Advocate M.Bhadra
(Expert) 29 September 2012
Do as per court's order,wait for further order.
swasti
(Querist) 29 September 2012
What about asking for affidavit?
R.K Nanda
(Expert) 29 September 2012
wait for court orders.
swasti
(Querist) 29 September 2012
Sir, In this context, what orders can I expect from court? Will court itself ask her to file affidavit?
Tajobsindia
(Expert) 30 September 2012
1. No, court may order her to file a affidavit to progress upon.
2. Since you are volunteering for test, press for the same.
Devajyoti Barman
(Expert) 30 September 2012
Why do you need any separate affidavit? Her annulment suit must already be supported by affidavit.
R.K Nanda
(Expert) 30 September 2012
no need for separate affidavit.
swasti
(Querist) 30 September 2012
""Why do you need any separate affidavit? Her annulment suit must already be supported by affidavit.""
She has not filed any affidavit except the annulment petition itself. Whether should she have supported Her annulment suit by filing affidavit? So, what should I do in this regard?
Raj Kumar Makkad
(Expert) 30 September 2012
You should immediately file an application under Order 7 Rule 11 read with section 151 of CPC seeking rejection of the petition on the ground that no affidavit has been filed in support of the contents of the petition, which is mandatory. Court shall have to decide this application first. You initiate your action thereafter.
swasti
(Querist) 30 September 2012
Sir, she has stated at the bottom on annulment petition that all the above statements are correct in my true belief. Will it be taken as affidavit? or Should she have submitted separate affidavit on her annulment petition?
Kiran Kumar
(Expert) 30 September 2012
Every such petition is not merely required to be verified, these are required to be supported by an affidavit. If she had not filed any supporting affidavit/ short affidavit then the petition itself is not maintainable.
But if you are demanding additional affidavit for a particular allegation then that is not possible.
you prove her allegations false thereafter she can be prosecuted under S. 340 Cr.P.C for giving false testimony before the court.
Dont panic, keep your cool and proceed as per the advice of your counsel.
R.K Nanda
(Expert) 30 September 2012
take help of local lawyer as ur too confused.
swasti
(Querist) 06 October 2012
On last date, my advocate asked for adjournment of hearing her IA filed for amending her annulment/divorce petition by adding mental cruelty as new ground.
Then my advocate pressed for my IA for my potency test by medical board.
Her advocate objected it saying there was no allegation of impotency ( actual wordings in her annulment/divorce as alternate relief petition: he is not physically and mentally fit for married life) and no need to go for medical board checkup. She also made it clear that her allegation is only mental cruelty.
The judge adjourned hearing her IA to next date without any comments.
----------------------------------
She has mentioned non-consummation in her main petition, and somehow produced 'hymen intact certificate' for a govt. doctor. There are only silly incidents like scolding etc. she mentioned in her IA to add mental cruelty ground, and non-consummation is not mentioned in it.
Now, I think, if IA is admitted she would link the non-consummation in main petition to mental cruelty in her IA.
So, please guide me on how to proceed this case...
As advised, if I file application under Order 7 Rule 11 read with section 151 of CPC seeking rejection of the petition on the ground that no affidavit has been filed in support of the contents of the petition, would it help me to get her IA dismissed?
Where can I file the above application, in FC or in HC?
