Nathan (Instructional Designer) 21 November 2017

Divorce case

During trail, my wife saying the counter signed by her was not read by her. Her lawyer forced to her to sign it and did the same without reading the content. Now, during trail, she says the statement is not given by her and she need to amend the counter. Is it possible to amend the counter document already submitted by her to the court with her signature and her lawyer signature. Does in India, does lawyers (professional) doing these type of activities? My lawyers very clear and asked to read each and every line and asked me to sign the document.

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4 Replies

Vijay Raj Mahajan (Advocate) 21 November 2017

Many lawyers do this type of careless job and some like me first share with client the draft of each and every document to be submitted in the court on behalf of client as your lawyer did. You can defend her application for amending her counter affidavit which is sworn in on oath and even if she is allowed to change it, and if she changes the contents of new affidavit, file application u/s 340 Cr.P.C for her prosecution for offence of perjury because she cannot make two different statements on oath in the court.

Samir N (General Queries) (Business) 21 November 2017

You can amend any submission but not contradict something you have submitted earlier. That, I think, is the law.

Now, if you are in Family Court, remember that the Family Court has a lot more freedom in interpreting CPC and even setting its own rules to arrive at the truth. Read the Family Court Act in detail. So, its left up to the Judge. In any other Court or under other Acts, any amendment to factually contradict prior submission would be certainly disallowed.

Nathan (Instructional Designer) 22 November 2017

Thank You for your feedback. One more issue. Intially I filed a case in Tambaram Sub Court u/s 11 and still it continues. Suddenly she filed on Chennai High Court stating Restitution of Conjugal Rights after that. Since two cases are running under different court in different area, her lawyer wanted to transer, case of Tambaram to Chennai high Court and he produced affidavit stating to transfer. Since my (matrimonial) house and marriage held comes under the juridication of Tambaram, Judge of Tambaram Sub Court dismissed the petition for Transfer. Now once again, her lawyer is applying transfer petition in Chennai High Court to transfer the case of Tambaram to Chennai High Court, stating that Tambaram Sub Court is not the correct juridication. Please let me know what is correct procedure in transfer the petition and does law support women in transfer the case. Note: Distance between Tambaram and Chennai high court is about 30-35 Km and Distance between Tambaram to her house is about 40-45 Kms.

Samir N (General Queries) (Business) 22 November 2017

Law is biased to women when its a choice of venue-jurisdiction that is more convenient to women. That said, whether a Court has jurisdiction in the first place is a totally different issue. It is only when two Courts have concurrent jurisdiction (that is both have jurisdiction to litigate the case), does the choice of venue arises. Perhaps you should look into whether the Court she wants has jurisdiction at all. Study the basis for which she has argued jurisdiction. I am not too familiar with the procedures for transfer and I am not an advocate so do look deeper...