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(Guest)

Adding new facts in divorce petition

There is a divorce case filled by husband  under HMA 13 with case number N/2011. Husband has put many grounds, but he did not put some of the other grounds his wife used to harass him with– like wife blaming him for her miscarriage and wife blaming him for stopping her from work.

 

He did not put these as grounds of cruelty in the divorce application because wife would have simply denied making such allegation or would have denied saying anything like that to her husband. It would have gone against husband and judge may think that this husband is trying to act smart by blaming his wife of saying and things which she never did.

 

Now wife has filled maintenance and RCR suite in the same case N/2011. She has put above mentioned two allegations – husband being responsible for her miscarriage ad husband stopping her from work. Husband has strong evidences to disprove these allegations. He also want utilize these allegation from his wife in his divorce suite – to show that wife used to  level such false, wild and baseless allegations to mentally harass him.

 

Is it possible to get these points( wrong allegations) considered in his divorce petition too?  How can he get these allegations added in his divorce suite? Does he need to file rejoinder? Or Since the case number is same will it automatically  be considered in divorce petition trial as well?



Learning

 8 Replies


(Guest)

So do experts have any suggestion?

 

1. Will I be able to add these as instances of cruelty?

VISHNU (PO)     14 August 2011

The rejjoinder is not the remedy. The cross examination of party can be used as evidence in both the parallel cases as statement of both the parties in any suit is binding to them for any remedy in court. note it and proceed wisely

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 August 2011

You can not add new facts here, but cross-examine her in RCR, then use the same as evidence in this case.


(Guest)

Thanks for responses.

 

I am a bit puzzled. Why the plaint can not be amended under order 6 of rule 17 of CPC?   I also have read that court considers acts and behaviour of parties  before and after filling of application.

 

So why modifying/amending  that plaint is not possible?If not  then when order 6 of rule 17 comes in play?

 

Does it gell well of the rule of natural justice? ---  If  wrong allegation levelled after filling of compalint can not be added a once plaint is filled. Will that not  mean that the other side may go on levelling wrong, mindless and cruel allegations without the other side having any recourse/remedy?

 

Please let me know 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 August 2011

It can be amended only if new incident takes place and not for old incidents, which you should have included


(Guest)

Shonee,

 

Your last respose clarifies a few things.

 

Now, lets say boy takes a stand that he has heard these allegation only after original plaint is filled  and through gir;'s RCR and maintenance application.

 

Then allegations that the boy is responsible came after filling of the plaint even though the event happend before filling the divorce petition.

 

Here the boy want to highlight the say wrong allegation of he being responsible for she not getting the job and for miscarriage and not these event per say.

 

And allegation has come after filling of  divorce petition.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 August 2011

:-) How you put it, would decide, but plaint amendment also means new WS

Vikash yadav (not applicable)     20 August 2011

the provision of amendment are provided to bring the truth before the court but is subject to some conditions. In your case you have not taken these allegation in your petition despite having knowlege now u can not take these grounds in your petition by way of amendment. Rather u have to file replication and got the issue frames on these point and gave evidence and prove the facts.

 

vikash


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