Amendment in ws
N R Dash..
(Querist) 10 December 2014
This query is : Resolved
Friends,
In the marriage, no dowry neither any article given to the husband.
After marriage, the father in law voluntarily deposited 25K, 25K & 50K (total 1 lac) in the bank account of the husband by obtaining the account number from his daughter from the chequebook of the husband kept in their house.
Wife stayed with husband for 45 days post marriage. After which she went to her parents to appear her final PG exams & did not return.
After 6 months, the wife's father went to the husband & emotionally asked him to give Rs. 1 lac for repaying a debt & took the amount. The husband paid it by taking a unsecured loan. However, the wife did not return to the husband despite several requests by the husband & his family members.
After her father took 1lac from the husband, the wife started calling the husband & asked to give her parents rs. 5 lac to which the husband denied.
After 5 months while the husband was not in home, the wife in pretext of staying came to her mother-in-law & deceptively defrauded & stolen all the gold ornaments & her belongings from the house of the husband.
Then she waited for another 6 months & filed a maintenance case stating some false, frivolous & concocted subjects therein.
She has been living in a town where as mentioned in the affidavit that she has been residing with her grand father in the village. The husband has all the evidences relating to her travel & filed the WS in the maintenance case admitting his actual salary & employment details.
However, during the maintenance proceeding, the husband met with an accident & had severe fractures for which he has to undergo with surgery in AIIMS. He was completely be ridden & had lost his job in the private company. Even though he had submitted applications to the court mentioning the change in circumstances & the medical certificate from the Professor of AIIMS, the court had passed an ex-parte order directing the husband to pay a monthly maintenance & also mentioned in the order that as the respondent husband had admitted his employment & salary in WS, the later applications about no-job were not considered.
The husband has filed a petitin u/s 126 crpc to set aside the ex-parte order.
My Questions are:
If the ex-parte order is set aside, can the husband file an amended WS stating his present condition & unemployment status? Is there any provision in law to do so????
If not any other ways he could defend the case as he is unemployed & struggling to meet his both ends. He is completely dependent on his widow mother for survival.
Should he file a petition of perjury against the wife or he should wait till the maintenance proceeding is over????
If the old WS be considered and the admittance be considered, he would be at nowhere & could not even pay the amount...... what the poor guy should do???
R.K Nanda 
(Expert) 10 December 2014
query too long.
Devajyoti Barman
(Expert) 10 December 2014
1.yes
2.unless it is set aside nothing can be done.He can file a matrimonial proceeding wherein he can bring these facts.
3.he can if it is restored.
4. He can file REVISISON.
N R Dash..
(Querist) 10 December 2014
Sir, much obliged as you took your time to reply. The situation & grounds are elaborated, not the query?
Query: is there any provision to amend the WS stating the new facts & the present situation. Will that be accepted in the legal context? If not is there any remedy??
Devajyoti Barman
(Expert) 11 December 2014
you are already advised.
Do not repeat.
P. Venu
(Expert) 11 December 2014
The WS could be amended at any stage for reasons that are good.
V R SHROFF
(Expert) 11 December 2014
Defend/ fight on merit.
Th contents of query cannot be digested. .
why shd FIL deposit 1L in husband's a/c ?
why he demand back, ??
N R Dash..
(Querist) 11 December 2014
Appreciate & thank you all for the reply.
Divyajyoti Sir, your post was not updated at the time I replied. So it was according to the first reply by R. K Nanda sir.
V R Shroff sir, the facts stated have actually happened. The affidavit, the deposition as presented by the wife greatly differ.
We are now focused for setting aside the ex-parte order & have some positive developments towards that.
In addition to the the above facts, latest findings are:
- the wife has a matrimonial profile in a website. (proof available)
- the family had talks for her re-marriage in 2013 & the groom had also visited their house. (as reported by some confidential sources) We are trying to get the proof if she is remarried.
Which opens a new dimention that the wife might have some pre-marital affair & just to usurp money or under family pressure she was married to the respondent.
malipeddi jaggarao
(Expert) 13 December 2014
Your thinking does connect with the facts. You are simply telling that your FIL obtained your account number and discretely deposited One lakh rupees in three spells without your demand or knowledge. This is not believable. Later when he demanded money, you have paid it back? What is the mode of payment? Any proof you have? Now you say that her profile is kept in matrimonial one side and you are alleging the pre-marital affair. What is the link between these two. You say that she wants to marry the same guy? If that is the fact why they put her profile in matrimonial website. Please do not mislead the experts for giving wrong guidance to you.
However, given the facts, I agree with the advice of expert of Mr.Barman.
N R Dash..
(Querist) 13 December 2014
Sir,
Nothing is false or concocted in my post. It is really hard for me also to find the answer to: "WHY"? But many things do happen which, though unbelievable in general legal practice, actually happens & we the legal fraternity try to relate them according to law.
The husband has evidence of paying the money back to his FIL. Further, if the husband had to, he would have asked for money before marriage & also he would have demanded household & other articles at the time of marriage, however, nothing was given by the wife at all. (Not even a single bedding for the wife). Sufficient evidence available for that.
Regarding, the matrimonial profile, we have not yet derived any conclusion as there is no concrete proof except the matrimonial profile only. It might be possible that she was having a pre-marital affair, of which we are trying to find evidence so that things could be related...
Actually the followings are really confusing & we are yet to find answer:
1. Why it took them 1.5 year to file a case of maintenance u/s 125 crpc?
2. Why they have not filed any divorce petition yet???
3. Why they have not filed any complaint us 498a if at all there was demand of dowry & if the wife was subjected to any harassment demanding dowry??
4. Why the wife/her family created a profile for her even before obtaining divorce??? (we have proof that they have created the profile as well as operating till day)
Sir, i'm really obliged to get expert advice from you all & I am learning too. Things which I could not make out, I am posting here for your kind suggestion/advice. Nothing misleading is posted.....
malipeddi jaggarao
(Expert) 13 December 2014
1. No answer required.
2. They are not interested in divorce.
3. Are you forcing them to file 498a?
4. If the profile is created by her, and if you have evidence, you can this in your favour in the running case.
N R Dash..
(Querist) 13 December 2014
Sure sir. I'll do that. Thank you..
