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Oscar Mendes (Service)     14 November 2011

Allegations of extra marital affair

Hi,

I have filled for Divorce under the grounds of ill treatment and torture caused due to paranoid behaviour and doubting.. the case is going on the last 3 yrs now.. and in her reply she has said that I want a divorce for reasons best known to him..the case was in trial periode and her evidence was also finished.. now all of a sudden she has produced a CD where i am with one of my female friend.. now she wants to amend the petition reply to include that i have extra marital affair..I would like to know

1. Can ammendment be allowed at this stage ( the CD was shoot in Sept 2009, my divorce was filled in Dec   2008 ) when both the parties evidence is done and the witnesses are also closed, please provide judgements if any


2.Does holding hands , or sitting in a car with the seats pushed back indicate EMA

3. What exactly needs to be proved to satisfy the EMA allegations

4.what are the outcome for EMA proved

5.Suppose i do not get divorce that i have filled, can she still claim maintanance, I got no itentions of continuing my life with her ever after

Oscar



Learning

 10 Replies

Anil Agrawal (Retired)     14 November 2011

In this country everything is possible.

Rajeev Kumar (Lawyer/Advocate)     14 November 2011

It is India everything is possible here. In judiciary too ,all are blind,deaf and handicap. So f**k them

(Guest)

Simply go in appeal. Not all is bad in India. US too is highly corrupt.

Anil Agrawal (Retired)     15 November 2011

Let us not compete in comparing who is more corrupt. Experience teaches that as far as possible keep away from courts and police.

Oscar Mendes (Service)     15 November 2011

Hi ,

Could someone answer me as to holding hands and sitting in the car with the seats down prove EMA

Anil Agrawal (Retired)     15 November 2011

Can you read the mind of the magistrate?

galsober@yahoo.co.in (def)     15 November 2011

NO!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 November 2011

No it is not EMA. 

 

 

Regards,
 
Shnee Kapoor
harassed.by.498a@gmail.com
1 Like

Adv. Chandrasekhar (Advocate)     16 November 2011

Originally posted by :Oscar Mendes
"



1. Can ammendment be allowed at this stage ( the CD was shoot in Sept 2009, my divorce was filled in Dec   2008 ) when both the parties evidence is done and the witnesses are also closed, please provide judgements if any

Yes, Sir.  Evidence having direct bearing with the facts of the case can be brought before the court by getting prior approval of the court, by moving appropriate application to lead fresh evidence.  The evidence supposed to be brought before the court must be not within the knowledge of the party when she was giving her evidence.  Then only court will permit such evidence.


2.Does holding hands , or sitting in a car with the seats pushed back indicate EMA

Generally big "NO", until and unless body language says some thing else.  It may at the most show intimacy or infatuation but not amounting to EMA, which one attains after crossing several barriers.

3. What exactly needs to be proved to satisfy the EMA allegations

In totally compromising position. Just holding hands, embracing each other in public, kissing cannot prove EMA factor.  But, note down, it is a civil case and the facts need to be proved to the extent of "Preponderance of probability" instead of "beyond reasonable doubt".

4.what are the outcome for EMA proved

Most interesting.  for a brief moment we assume that CD is proved.  Then the judge may tilt that some thing odd is going on between husband and his GF.  But strangely, on these very fact, the judge may come to conclusion that you have proved your double allegations against your wife - (1) doubting and (2) paranoid behaviour.  The proof of CD may tilt the case on any direction.

5.Suppose i do not get divorce that i have filled, can she still claim maintanance, I got no itentions of continuing my life with her ever after

Maintenance will be decided on other factors.  If you get divorce or not, she will be entitled to maintenance, if she is otherwise not in a position to maintain herself.

Oscar

"
1 Like

Oscar Mendes (Service)     17 November 2011

Thank you very Much Everyone....


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