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AlwinAlwin (Business)     16 April 2012

Appeal in high court

 

After 3 years of married life we two decided for a divorce  and filed joint petition for it through mutual consent, which is filed in the district family court.  At the time of filing the joint petition, all disputed were settled including money, gold etc etc. But after 6 months on the next date in family court , my partner took a position that she did not received any thing  from me as money or gold. Also she declared in the court that she want to withdrawn from joint petition. After that she filed a case against me in the same court seeking divorce by making all possible false allegations against me like cruelty, perverted s*x, drunkard etc etc. What she submitted in the court was just her petition and an affidavit. She was unable to submit any other evidence or witness against me  to prove her allegations. Along with that she filed complaint in the bar council against the advocate who drafted the documents during the joint petition stage. However, without considering any of the evidences which I submitted  and misinterpret the statements in my affidavit, hon. Court allows divorse on the ground of cruelty . The said verdict is now challenged by me in Hon. High court of Kerala and court order to send notice to the respondent.  Now with this verdict, they moved again to the family court demanding money and gold which was settled once.   My point is,

Just a statement and affidavit from the wife is enough to declare that the husband did cruelty to her?

If this is enough to prove this, what could be the option in front of me to prove my innocence ?

 Kindly advice.



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 8 Replies

Navaneetha Krishnan (Junior lawyer)     16 April 2012

No..... the court will not just like that pass divorce order..... it will decide based on the evidence, you can check the same in the evidence that has been taken in the district court... whr it would have been decided based on the evidences produced by your wife.

 

To defend yourself you can provide strong documentary or witness as evidence

AlwinAlwin (Business)     16 April 2012

Thank you. That is the point which I wasnt to get clarified. other than petition and an affidavit, no other documentry evidence or witness evidence being produced by them. Their advocate is also failed to establish anything as mentioned against me during the cross examination. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 April 2012

With her affidavit, you would have got a chance to cross-examine her.

 

Have you done so?

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
2 Like

AlwinAlwin (Business)     17 April 2012

Mr. Shonee, Thank you 

Yes it is done and my advocate made it clear in the court that all the allegations are fake and base less. But the Hon. Cort took some statements which I made in my affidavit, made some interprertations in favor of her and allowed divorse saying cruelty is the reason. 

dhirendra pateria (law officer)     17 April 2012

she wants to extract money and she is simply blackmailing, enter any agreemnt befor the court only and dont give any money to her now 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 April 2012

Hopefully you would get justice in the HC.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

AlwinAlwin (Business)     18 April 2012

 

Thank you for the comments. Since we two agreed for divorce through mutual consent once before, does it affect my appeal in High Court?? I mean is there a situation where HC may consider it like  since there is no chance for a reconciliation and  both of them agreed that they were ready for MCD so ratify the family court order and dismiss the appeal irrespective of the merit of the family court order. 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 April 2012

I don't see any such chances. More often than not appeals in HC are decided on merits.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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