In a Divorce case pet. wife claims that Mr. X is her relative. Whereas to the best of knowledge of defendent husband Mr. X is just a family friend and not a "relative" and that also helping Pet. wife in her divorce case by offering his address as correspondence address.
Que.: How to prove that Mr. X is not a "relative" of wife in Family Court?
AEJAZ AHMED (Legal Consultant/Lawyer) 16 October 2009
Dear Arun Kumar Ji,
Call " Mr.X" in the witness box and Examine/Cross Examin him, ask questions about his Family, Father, Forefathers and Foremothers. If he is just Family Friend not a relative then it will come out by this type of examination. You can do it by filing petition before the concerned Magistrate for the permission to call Mr.X into witness box to adduce his evidence as it is necessary to prove the case.
Or otherwise you can ask in details in witness box with Petitioner/Wife; how Mr. X is related.
But you didn't mentioned the detail facts, why you want to prove that "X" is a family friend but not a relative, by this what help you can get or how it is going to help you in your case.
adv. rajeev ( rajoo ) (practicing advocate) 16 October 2009
Divorce petition is filed on the adultery ground is it right? Husband wants to prove that Mr.X is relative she dont have any illegal relation ship with him. It is hard to prove even if you call the X he will deny ur suggestions made in the cross examination.
U can ask the questions as Arunkumar said.
Dear Sh. Aejaz ji,
Thank you so much for your logical advise. The whole case is based on filing false memo of parties where neither the summon of the court is accepted nor visitation of child by father (me) as Court Order is followed and on top recently I apporached Hon'ble DHC and Hon'ble DHC after going over my plaint took cognence that it is the matrimonial home address where the referred suit should run and not at the place (in same district) where it is filed howsover DHC referred back my transfer of court on jurisdiction application back to trial court to decide early before takign any other issues of parties.
With above background since the matter has been referred back to trail court I filed a memo application before Trial Court with copy of DHC directions and on next date the main issue will be replyed and or argued by parties.
U will ask now what difference it makes if Mr X is relative or not? The simple fact here is that wife gave Mr X address under affidavit as her "residence address living as tenant" The Mr. X says under statement to Delhi Police on one of my RTI that he is distant relative of wife and wife does not live at that address. So natural que. now is not only that the affidavits are false but where does wife live to make one of the District Courts of Delhi as jurisdiction to try the suit? If you agree this much then my TPC at DHC was approriate and further directions from DHC as replicated in brief above are the issues which needs logical argument hence I asked how to prove before trial Court now that mr X is not relative and moreover wife is not even staying at that address hence the district court at the husbands place of residence is the correct jursidiction where this present suit needs to be transferred.
Now kindly give your further advise based on above short briefs.
Dear Sh. Rajeev ji,
Adultry etc. is not the issue here. Infact abv briefs are the technical issue raised by me with supporting evidences which needs careful arguments hence advise asked.
Actually may be my que should have been "Can correspondence address be treated as address of "residence" of a party to a suit?
Hopefully this time I asked rightly a que. :-))))
Kindly advise.
Rgds
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