Additional facts stated in ws are not denied by plaintiff in his exam-in-chief. ps help
Sakshi Sakshi
(Querist) 28 April 2013
This query is : Resolved
Husband filed Divorced suit.
Wife replied by filing WS and traversing all/each and every facts line by line.
Wife also alleged many new facts in WS.
Wife also alleged/raised many contradictions, discrepancies in husband's pleadings (which are of grave nature)
Husband DID NOT file any replication/Additional Plaint/statement (and hence it was assumed and omplied traverse and all new wife's new facts became 'disputed facts'...but husband wasn't exepmted not to expressly deny those new facts alleged by wife, in his exam in chief)
The suit continued for 1.5 years
During which husband admitted some of the new facts alleged by wife (implied as well as an excuse while proceedings on interim applications and it is reduced into writing as previous statement of his)
NOW ... THE ORAL EVIDENCE STAGE CASE and FRAMING OF ISSUES is done.
Husband filed his exam in chief affidavit as per his pleadings.
But he was also liable to deny the additional facts, as mentoined above.
But husband HAS NOT DENIED OR EVEN REFERRED TO ANY OF THOSE FACTS which were alleged by wife, in his exam in chief.
Thus Additional Facts stated in WS are not denied by plaintiff in his Exam-in-chief.
ORAL EVIDENCE is led when facts alleged vide affidavits by both sides are not admitted by parties are hence are in dispute!!!!!
DOES THE ABOVE MEAN that husband had admitted and conceded those new facts?
Ps help
R.K Nanda
(Expert) 28 April 2013
yes,he has admitted new facts.
Devajyoti Barman
(Expert) 28 April 2013
File additional affidavit in chief as the allegations needs to be denied by the husband in his evidence else the same would go uncontroverted.
Sakshi Sakshi
(Querist) 28 April 2013
Thanks a lot.
You made my day!! Sir!!
Is there any way to prevent husband from filing additional exam in chief?
Verification (at the end) in his exam in chief says as follows:-
***************************
Whatever I stated above is true & correct as per my knowledge & belief.
I state that 'all' the "continuations" from para. no 1..to para. no 27 ..... with prayers "which to and correction" to the best of my knowledge and belief and I sign it today.
***************************
I find this verification absurd as well as illegal and has left no avenue to court to ascertain souce of information as well as reliability and weight in the same to rely on the evidence!!!!
Its a big relief to wife's side.
This guy has eloped with his girl friend and her money and gold ornaments and he is playing a victim to avoid alimony.
Since both have asked for divorce, It would help wife.
Thanks again!!!
R.K Nanda
(Expert) 28 April 2013
pray to court that now no chance be given to
him to file additional affidavit,
prabhakar singh
(Expert) 28 April 2013
Is there any way to prevent husband from filing additional exam in chief?
Ans:Pray to the court
Raj Kumar Makkad
(Expert) 29 April 2013
Even if any additional point is raised by way of examination in chief, the same shall not be taken into consideration so your lawyer should argue specifically on this point.
