Unclean hands by fraud
johan
(Querist) 18 July 2015
This query is : Resolved
Respected Advocates, my wife and her father promised me both in written and verbal that if I apologized to them they would not give a divorce. but they applied and attached my written apology to their petition. Also after 3 days of filing for divorce my wife sends me a mail that she has accepted my apology and is willing to compromise. Isn't this deception and fraud by inducement? Also she has lied on several points in her petition like I was absconding from UAE whereas she knew I was still in the country. Isnt this fraud by factum? Can I claim in the court that the petitioner has approached the court with UNCLEAN HANDS by decieving and commiting fraud on the court?
johan
(Querist) 19 July 2015
Sir, what I wanted to say is they deceived me into giving an apology by saying they wont pursue a divorce.this is deception and fraud. Also my wife has mentioned facts in the divorce petition which she clearly knows are wrong. Can I claim that she has approached the courts with "UNCLEAN HANDS" and so she is not entitled to any relief
SAINATH DEVALLA
(Expert) 19 July 2015
Can U elaborate the reasons for asking tendering that apology that to as a document?U are not comming out with the correct facts, to get the required advice and suggestions.
johan
(Querist) 19 July 2015
Sir, when I tried reconciling with my wife after she left the house her father told me if you apologize all your faults we will not go for divorce. He said the same words to a priest and a nun. So I apologized in an email. So my wife sent me another email saying my father has accepted your apology and we will not go for divorce but the divorce was already filed 4 days earlier to my wifes e-mail and she attached my e-mail in her divorce petition saying respondent has accepted his fault.. She and her father played a fraud on me. Also she stated in divorce petition that I ran away from dubai after taking loans from several banks but she knew very well that I was in dubai and paying my loan installments. She lied on petition to play fraud on the court. Can I claim that she approached the court with "UNCLEAN HANDS" because of her fraudulent behaviour?
SAINATH DEVALLA
(Expert) 19 July 2015
Then why didn't U submit her acknowledgement for UR apology in the court.Loans from financial orgns have nothing to do with UR case.If its true its UR personal problem.U have been mentioning "UN CLEAN HANDS" time and again,what are U going to derive from that.U have to prove UR defence with merits.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 20 July 2015
If u tendeted oppology at their insistance is nothing wrong n then they filed for divorce, present facts with evidence,court may take view in your favour
