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DV Fighter (Service)     05 June 2013

Name of adulter in divorce petition.

Based on the reply of my Ex in WS, I had applied for the amendment in my divorce petition.

Amendment is for adding adultery ground in divorce petition.

Judge initially was not ready to accept my amendment application as adulter name was not included. After lot off arguments with my lawyer Judge has accepted the application and next date is given for reply to opposite party.

I want to know whether adulter name is essential in adultery allegation.

Background of Case:

  1.  Married in Feb-2008.
  2.  Wife living separately from last 5.5 years. She was with me for just 2 month.
  3. In February 2011, MCD was filled as she was ready for it. But doesn’t appear for second motion. Hence MCD was dismissed.
  4.  In MCD affidavit & on one notarized document she has mentioned that there was no physical relation between us.
  5. After MCD gets dismissed I filed divorce petition on the grounds of desertion & cruelty on October-2012. 
  6. Now in her WS to my contested divorce she has mentioned that she was pregnant when she returned to her home & this pregnancy was removed as she lost hopes in me. ( I don’t know why she has added this)
  7.  As her WS submitted is contradictory with MCD affidavit & notary document , I have amended my divorce petition.


Learning

 13 Replies

Ranee....... (NA)     06 June 2013

Do you have any proof to establish her adultary with that particular man ??If you  mention his name and finally unable to prove then he may implicate you in defamation case.

DV Fighter (Service)     06 June 2013

I have a proof of non consummation of my marriage.

She also agreed non consummation of marriage in her previous affidavit submitted to court & notarized document.

Now she is saying that she was pregnant (May be her lawyer told her to do this to extract more money)

bhagwat patil (Property due diligence 9422773303)     06 June 2013

Desertion is a sufficient ground for you,why to take the burden of proof of adultery.

DV Fighter (Service)     06 June 2013

@bhagwat patil

It will definitely help me.

I have sent you PM. Pl check.


(Guest)

Concentrate on cross-examination.Get your lawyer to ask her details of pregnancy,when she knew she was pregnant,which hospital she went to,which doctor she saw,where sheremoved it,whether self by tablets etc and ask her to produce certificates.Look for her details in the hospital.You may get grounds of perjuryMy feeling is her lawyer is trying to prove consumnation of marriage through false pregnancy.

DV Fighter (Service)     06 June 2013

Originally posted by : Ranee.......

Do you have any proof to establish her adultary with that particular man ??If you  mention his name and finally unable to prove then he may implicate you in defamation case.

I have a proof of non consummation of my marriage.

She also agreed non consummation of marriage in her previous affidavit submitted to court & notarized document.

Now she is saying that she was pregnant (May be her lawyer told her to do this to extract more money)

Ranee....... (NA)     14 June 2013

If marriage was not consumated how come she became pragnent?:(

Prashant Ghai (Advocate) (PrashantGhai.com)     15 June 2013

Focus on Desertion coupled with Adultery for seeking a Divorce. Yes, it is required that you provide the details of the Adulterer, else it will just be a vague allegation which can be easilty struck down.

 

Regarding the fact that she got pregnant, and you claiming that you haven't had s*x with her, focus on cross-examining her about the details of her pregnancy, like, when did she got to know that she is pregnant, which docotor she got her checkup done from, receipts of the same and other related questions.

 

advocateprashantghai.com

DV Fighter (Service)     15 June 2013

Originally posted by : Ranee.......

If marriage was not consumated how come she became pragnent?:(

May be to extract more money her lawyer has added this.

In her old MCD  affidavit & on one notarized document she has mentioned that there was no physical relation between us and marriage was not consumated.

I have obtained certified copies of above documents from previous court.

I hope these certified copies will be helpful.......


(Guest)

Excellent...Well done...She has perjured herself or she`s committed adultery.

Now it`s upto the lawyer to excel in cross-examination.

1 Like

DV Fighter (Service)     03 September 2013

 

Dear Forum Member,
Update of my case:

  1. Amendment with Adultery ground allowed in my divorce petition. After lot   off arguments from both the sides finally my application to amend   divorce petition with adultery ground was allowed. Initially Hon. Judge was  adamant  on the name of adulter as a party and was not listening anything. But my lawyer argued very well and finally allowed my application.
  2.  Interim Maintenance order passed: It’s 1/4th of demanded. Litigation  expenses also too small. ;)

Tajobsindia (Senior Partner )     03 September 2013

1.    It ought to have been allowed in first instance – lengthy arguments not required as every HC Rules (Amendment) stipulates that if divorce is sought by husband on adultery ground then alleged adulterator name should be filed as co-party / co-respondent. All your advocate should have done was to show State HC Rules to ld. Judge and could have got allowed. 

2.    BTW at petition suit admission hearing stage your divorce petition was liable to have been ‘dismissed’ if ‘adultery’ was ground you took and ‘alleged adulterator’ name was not mentioned under memo of parties! Thank your stars that opposite party was also not aware of HC Rules now!

DV Fighter (Service)     03 September 2013

Originally posted by : Tajobsindia

1.    It ought to have been allowed in first instance – lengthy arguments not required as every HC Rules (Amendment) stipulates that if divorce is sought by husband on adultery ground then alleged adulterator name should be filed as co-party / co-respondent. All your advocate should have done was to show State HC Rules to ld. Judge and could have got allowed. 

2.    BTW at petition suit admission hearing stage your divorce petition was liable to have been ‘dismissed’ if ‘adultery’ was ground you took and ‘alleged adulterator’ name was not mentioned under memo of parties! Thank your stars that opposite party was also not aware of HC Rules now!

Sir Please check PM...


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