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Raj Thakker (Executive)     01 June 2021

Query

Hello.

I have 3 query for Divorce Petition which is filed under Hindu Marriage Act,1955

In divorce Petition the Petitioner has stated about her photograph with one person but not exhibited photograph so can respondent before filing his say file application any to Produce said Photograph so he can say whether he knows concern person or not. Case is filed under Hindu Marriage  Act 1955.

Petitioner leveled allegation against Respondent that he has Morphed her photograph with "XYZ" at outset before trial can Respondent File Defamation Suit against Petitioner??

Can Respondent File Application if any for Production of School attendance register with Family court Judge along with his say , if yes under which section?? 



Learning

 5 Replies

Sankaranarayanan (Advocate)     02 June 2021

As per your query , the case been filed already. so better to consult your lawyer and get clarity . If any evidence and proofs then  it can be submitted before the court.

Dr J C Vashista (Advocate)     02 June 2021

It will be better to consult your lawyer for analyses of facts/ documents, professional advise and necessary proceeding.

SHIRISH PAWAR, 7738990900 (Advocate)     02 June 2021

Hello,

The respondent can file a defamation suit only after the decision of the present suit. Respondent can file any document on the record as per his case before the court. You have already appointed an advocate so consult with your advocate. He can give you the best advice as he is well conversant with facts and documents of the case. 

P. Venu (Advocate)     02 June 2021

In the absence of material facts, the posting is disjointed and lacks clarity.

T. Kalaiselvan, Advocate (Advocate)     04 June 2021

For the first question, if the petitioner has made any allegations against the respondent,the respondent in his say can deny the allegations and  mention that they ere false and the petitioner is put to strict proof to prove the same.

If the petitioner has not produced any such documentary evidences to substantiate her allegations, it will become fatal to her own cae, hence the respondent may remain silent about ait and watch the developments which may take place during  petitioner is  cross examined.

 

 

For your second question:

There are no ingredients for filing defamation case yet because her allegations have been put before court, to which the court has not given any decision, hence you may wait for the outcome of the case to see if there any chances to file the proposed defamation case then. 

 

 

For your third question:

If the school attendance register become a vital evidence to the case then you can file a petition and affidavit before court seeking to direct her to produce the same  alternately to direct her employer to produce the same  invoking proper provisions of law for this.

You may be in regular touch with your advocate and get updated about your case details 

 

 


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