Divorce arguments

Rajan (Querist) 08 March 2013 This query is : Resolved
Dear Sirs,

The advocate of my petiitoner friend argued to allow the petition and award divorce in the grounds:

1. creulty (p1 to P8 documents were submitted that were uncontested by the respondent )

2. Dessertation (P9 to P11 documents were submitted that was neither rejected or contested by respondent)

3. Adultery (p11 to p13 documents were submitted, i.e. the respondent provided ficitious and false name identity of the petitioner causing improriety under IPC 419)

4. pregnancy before marriage (p14 and P15 documents were submitted, the discharge certifiacte was dated in typed as "February 20, 2000" whereas the child was born on 5.5.2000 (typed in numbers)along with fictious and false name identity of the petitioner. When the calcualtion of 34weeks 3 days was considered taking the date of the certificate, it dates before the marriage date. if the 34weeks 3 days calaculated with birth date, it dates the exact date of marriage)

5. irreverisable breakdown of marriage (p 16 to p18, respondent deserted for more than 13 years)

6. creulty to cause harm (p19 to p23, her own letters to her inlaws that she was happy and also her letter to the church council etc)
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The respondent advocate argued only on one point namely the "adultery" failing to adrress the other charges. The advocate didnt mention anythign about the ficitious name and false identity that the respondent declared in the records but claimed for adultery.

Wven though the paternity of the child was accepted in writing and the same was acknwledged in respondent reply petition, for reasons unknown after filing of proof affidavit the respondent filed IA for DNA, event though it was an accepted fact the judge informed that there is nothing to lose for the petitioner and hence he asked the petitioner to go for DNA. the DNA report has come on the exact name of the petitioner, however the hospital records, discharge summary ficitious name and false identity are not the same as the name on the DNA test

Finally the respondent advocate prayed before the dsitrict judge "to dismiss the petitioenr AND to award permanent alimony"

Sir, since dismissal of the peitition and permanent alimony are two different subjects, does this prayer indicate that the respondent conceded to the fact of the divorce shall be granted and hence stressed on permanent alimony

Kindly advice

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Devajyoti Barman (Expert) 10 March 2013
Both alternative and inconsistent plea is allowed in the pleading.
Such presumption would be of no help in your case.