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Varghese s (Bank employee)     17 February 2016

Divorse case

Respected Lawyers,

                                 I request you all to provide me ,your valuable time in providing me a good suggestion regarding my case.My wife has filed a divorce case against me on the basisof  cruelty.Among different paragraphs mentioned in the filed  petition ,I would like to get valuable suggestion regarding a paragraph which is mentioned as below.

1)It has come to to the notice of the petitioner that the respondent is maintaining one among his staff named ,X(name clearly mentioned in the petition)as his concubine.The said 'X' was having domination over the respondent and even managed the day today affairs of the organisation ,which the respondent owned 12 years before.

Please find my doubts

1)Isn't that a statement mentioning adultery,and thereby trying to prove cruelty towards the petitioner?If that is the case, can't I request the court to implead the mentioned 'X ' also in the case and shouldn't that  to be claimed in the objections filed in the case initially itself.?

(I need the same person to be impleaded because ,my wife is using the name of an 'X'to which i didn't have any relationship atal and I feel if the  request for impleading in my objection to be filed initially ,would really help me.)

Request you valuable suggestion in this regard,

 

Regards,

Varghese S,

 

  

   



Learning

 3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     17 February 2016

She would have been a necessary party in the said case had there been allegations of adultery or bigamy . Otherwise impleading her is not appropriate and shall not be allowed . As far as the allegations are concerned , it is for the wife to prove her allegations and hence if she fails to do so then you don't have to worry about producing the said staff of yours . Eventually when the case is dismissed and allegations are proven false , the said miss x shall have the right to file defamation charge Cruelty can also be accounted through wife alleging false accusations of a grave nature against the husband . There are numerous judgements to support this stand .

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     17 February 2016

She would have been a necessary party in the said case had there been allegations of adultery or bigamy . Otherwise impleading her is not appropriate and shall not be allowed . As far as the allegations are concerned , it is for the wife to prove her allegations and hence if she fails to do so then you don't have to worry about producing the said staff of yours . Eventually when the case is dismissed and allegations are proven false , the said miss x shall have the right to file defamation charge Cruelty can also be accounted through wife alleging false accusations of a grave nature against the husband . There are numerous judgements to support this stand .

Varghese s (Bank employee)     18 February 2016

Respected madam/ Sir,

                                       the problem there is ,presently I dont have a communication with the mentioned 'X'  as She were a person associated with my  organisation 12 years before.As my wife has filed the petition regarding the same.How can I bring the party 'X' to the court herself without she getting any summons from the court .Wont it  give me more  weightage   if the party x'' reaches the court as per court order rather than making her just a witness.Again my question is while filing my objection cant I claim the person to be impleaded for the right conclusion of the case.If I claim so ,and If later I could file a impleading petition wont there a chance for  the family court to pass an ordere favouring?

Request your reply and thanks for your valuable time.

 

Regards,

Varghese


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