Adding additional allegations
anand
(Querist) 18 April 2012
This query is : Resolved
Estranged wife of brother has filed a case for dissolution of marriage stating cruelty against brother. Now, she threatens to add additional false allegations that cover the same time period. What is the right process that she must follow?
Are amendments to original case to incorporate allegations allowed?
Shonee Kapoor
(Expert) 18 April 2012
It is allowed in the very initial stage of the case.
Courts frown on the tendency to add facts at belated stages.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 18 April 2012
Before "FRAMING ISSUE" , THOSE AMENDMENTS ARE ALLOWED. Once Evidence starts, Court will reject it , unless justified that person had no knowledge when he filed petition, and it will affect the justice. It it discretion of Court.
V R SHROFF
(Expert) 18 April 2012
I always suggest, Let her file any allegation; Once wife want Divorce, give her.
When she herself do not like husband, what happiness u r going to achieve with sch wife, who do not need you??
ur earlier thread [I transferred money to a relative with the understanding that it would be used for the purchase of property with my name also on it. The relative did not add my name.
The transfer is documented and has a signed letter from me saying it is a transfer for real estate.
I have asked for my money back on many occasions, but not got it back.
Can I place any claim on the property? What is the best course of action? ]
So how many more mistake u r doing??
Observe your act carefully.
Raj Kumar Makkad
(Expert) 18 April 2012
There is no big problem to introduce an amendment in the case at any stage.
Shonee Kapoor
(Expert) 18 April 2012
Dear Fellow experts,
In my knowledge Delhi courts are not allowing amendments at belated stages and also imposing high costs as they see it as a way to prolong the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 April 2012
Amendments can not be allowed as a routine., otherwise every case will be a roving enquiry.
Opponent can always oppose for latches .
anand
(Querist) 19 April 2012
Thank you for all the helpful responses.
In this case, the opponent has threatened to add very serious fabricated allegations (as per her lawyer's threats). It has been 2.5 months since the filing of the original case, but no hearing yet, so it is very initial.
But, there is no way the petitioner who had mild allegations would have NOT had knowledge of these alleged serious incidents (such as threats to kill her). Is this a stance with hope of success?
JSDN- thanks for a useful pointer. I researched this. It seems like what you are referring to is "estoppel by latches"? I cannot find any reference in CPC - could you please help about how I should use this defense?
