Hello everybody,
I am defending the divorce filed by my wife on cruelty and desertion. The case is at the argument stage. Apart from this a case for maintenance by wife and for custody (by me) of my minor daughter is tried by the same judge.
My wife left me some 12 years before with my daughter (4 months old at that time) and filed 498a case against all my family members. Afterwads she found her pregnancy and that pregnancy was kept secret from us and a son was born from that pregnancy. She has not dislosed about the son in court proceedings also.
She found a person named "X Kumar Y" (my name is "X Y") and want to hide my son forever from me. She has changed father's name of my son as well as of my daughter on birth and school records and got married to this person without taking decree of divorce.
Whatever proof I had some time back along with that, I filed applications (with affidavit) alleging wife's second marriage and prayed to reopen wife's cross examnation and ammending my pleadings in divore suit. Similar applications were filed in maintenance and custody case with different relief prayed.
My wife has not given written reply to any of these applications but in the divorce suit all my applications got rejected by family court. Applications in maintenance and custody case are still pending.
Now, while preparing for arguments in divorce suit, I have found four applications filed by wife in all three suits (divorce, maintenance, custody) some six years before (much before wife's second marriage). These applications are:-
1. Replication by wife in divorce case and my name is correcctly written as "X Y".
2. A Reply in maintenance case and my name is incorrectly written as "X Kumar Y".
3. Reply of visitation application in custody case and my name is incorrectly written as "X Kumar Y".
4. Reply of main application on custody and my name is incorrectly written as "X Kumar Y".
In maintenance and custody case, my daughter is a party and my name is incorrectly written in all three of four applications but in divorce suit where my daughter is not a party, my name is correctly written. All four applications are filed within a month and by same lawyer and having almost simlar stories, structure and typing.
Out of these applications two (2 and 3) are decided and in no 4, I have moved an application for correction of my name and it was allowed by court. But wife has not implemented the correction of my name in the time given by court for correction.
It is a clear proof that the wife has intention to change father's name of my daughter so that I can never meet my daughter in future (after divorce). Invoking section 15 of Indian Evidence Act, it can be proved that such errors were intentional.
I want to object the wrong name in decided applications (no 2 and 3) by an affidavit.
Is this a right way?
Whether all informations imply the truthness of my claim (wife's second marriage)?
If not then up-to what extent these court papers can help me?
Please advice.
misaal
