Born Fighter (xxx) 20 July 2015

Can interrogatories be filed at interim maintenance stage ??

Wife filed divorce under section 27(1) (d) of special marriage act (Grounds of Cruelty) with relief of maintenance and custody of child. The allegations levelled by wife are fake and afterthought. Now the case is at Interim Maintenance stage. Wife wilfully deserted the husband,is working but lied that she is a housewife also made several derogatory and completely false allegations on husband and his family.

Husband wants to know if he can file interrogatories at this stage to expose wife's lies & demolish her case. Husband has several evidences to expose lies of the wife

I have heard at times court does not allow filing of interrogatories, how to present the application so that it gets allowed and wife is asked by court to reply to the same. Please guide me in this regards...

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4 Replies

G.L.N. Prasad (Retired employee.) 21 July 2015

Before deciding any thing, just try and ask advocate to file interrogatories as the case is still not closed and ask him to explain the urgent need for allowing the same giving such reasons in the interest of justice. The court may reject or may consider. But, you can still make a sincere attempt.

SAINATH DEVALLA (LEGAL CONSULTANT) 21 July 2015

If the evidece is completed and the suit is fixed for argument then U cannot ask for interrogatories anymore. but if you want certain document in possession of the other party to be produced,then you can submit an application under O.11,rule 12,14,15 etc.

kapilshah 21 July 2015

Yes Interrogatories can be allowed in the interim maintainence stage.

Following judgement is good one on this.

https://indiankanoon.org/doc/1054545/

The judges are reluctant on this. I have personally tried. he just sat on it didn't allow the petition. But there is no harm to try.

First , the under Order XI rule 2 , an application of interrogatories should be decided within 7 days . So you need to push for it. I didn't thus it wasn't allowed, realised it later.

T. Kalaiselvan, Advocate (Advocate) 23 July 2015

Trying through interrogatories is not a bad idea but practically the judges do not entertain such applications for the reason known to them alone. Alternately you can quiz her during cross examination and get the documentary evidences against her marked as exhibits either through her or through the husband himself. The evidences in your support to prove that she's lied before court would lead you to file a perjury case too against her, consult your advocate on further issues on this.