Civil Procedure Code (CPC)

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Ravi (a)     13 March 2015

Divorce - wife's chief differnt from 498a/dv complaint

in my divorce case, my wife filed chief as a reply and in that, she didnt mention most of the things that she mentioned in both DV and 498a (petition/fir/complaint/chargesheet). she hid almost all of the things and also mentioned that she wants to come back in her divorce chief.

during dirovce crosso on her, she accepted and agreed to some of the items that she denied in her divoce chief affidavid and DV/498a chargesheet. from day 1 of the marriage, her life is full of lies/hatred against me.

Please help me understand if she is not coming with clean hands in courts, what is my stand on my divorce case?

 7 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     13 March 2015

Dear, These contradictory stands will go against her and she will loose her case... You refer her cross in different cases at different point of time to break her evidence..... Regards Kapil Chandna Adv 9899011450

laxmi kant joshi (instructor)     13 March 2015

if she had given contradictory statement in her other cases then her cases become weaken, use her contrdictory statement in all her cases she will loose the gravity of her cases and you will be on stronger side .

cyberlawyer (barrister)     13 March 2015

Agree with  the views of the learned members.

Ravi (a)     14 March 2015

Thank you all for your opinion and giving me encouragement.

if she doesn't come clean in divorce case, will I be given divorce? I have all strong proofs, primary evidence, sms proof, email proof, audio/video proof and some photographs against her and parents for every single lie they spoke on oath in front of the family judge.

thank you once again.

498A fighter (tutor)     14 March 2015

i have the same question but slight different is that: i aksed my query in and it is as : Husband filed section 09 in july 09 wife filed 498A in august 09 wife filed sec 13 in september 2009 at her home town but never served till now and in march 11 it send to record with not press instruction. wife gave written statement in sec 09 on january 2010 and same facts as photocopy of 498A section 09 decision is in favor husband. wife filed sec13 again in same court of her home town in jan 14 but notice summon not served till now: trial of 498A started in 2015 wife come for witness and spoke like parrot the facts of FIR of 498A, the twist is she gave some answers just reverse of what she said during giving her evidence in sec09. means here statement of sec09 [ of 2010 ] and statements by her in 498A [2015] are exactly contradictory /opposite. again one thing her statement in chief are also not matching with her sec 13 application regarding cruelty: query is : [1] How husband can took sec 13 filed in 2009 on record to get benefit in trial as it is sent to record room with not press instruction also its notice not served to husband till now? [2]How husband cant took second her sec 13 filed in 2014 on record to get benefit in trial as now order for publication is give in last 12 march date and next date is in may also its notice not served to husband till now? Kindly suggest what husband can do at this stage 498A is still under trial as it is started just now wife [ complainanat] was first witness gave her evidence. i am asking the same in new thread also,

great india (manager)     14 March 2015

File prrjury...340 Get certified copies of cross exam..... Use it as evidence.

great india (manager)     14 March 2015

File prrjury...340 Get certified copies of cross exam..... Use it as evidence.

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