Divorce (hma) and my proof-exhibit
galsober@yahoo.co.in
(Querist) 28 February 2014
This query is : Resolved
I filed sec 13 i a (divorce on cruelty ground) against wife. My evidence is over & her evidence has started. I am related to health services. In petition I made allegations that when I did night duties in 2011, wife alleged my illicit relationships with the nurses and colleagues. Neither she, nor I have any proofs. But in WS she says that my husband never performed night duties at all. I got an RTI copy from institution-head (in tabulated form) for the dates on which I performed Night Duties in 2011.
In WS, she casually denied my night duties. I wanted to corner her after she submits this particular line of denial in affidavit too. So I kept this document wid me, did not produce it alongwith my affidavit as an exhibit. I feared that knowing my proof, she will change the language slightly in her affidavit and my weapon will be wasted. Now she has submitted affidavit. It is copy-paste of WS. But my advo says that we can not make this RTI copy as exhibit now (in her cross) as my own evidence is closed.
What is the best option for me? If I prove that I performed night duties, she denies this fact……there are very many chances that she wud have called me bad character also. Plz help, is there some way out in her cross or i have to get "rebuttal" to do so?
ajay sethi
(Expert) 28 February 2014
you ought to have produced the said document when you filed your list of documents . in your affidavit of evidence you should have mentioned about your night duties and RTi application made and reply received . now that your evidence is closed your lawyer is right you cannot produce said document .
your emphasis should be on false allegations made by your wife regarding your affairs with nurses . you have to question her as to whether she has any evidence in support of her allegations
galsober@yahoo.co.in
(Querist) 28 February 2014
My contention:
1) If I had produced this document earlier, her affidavit wud have slight change in wordings, e.g: In WS she wrote-- "My husband had contractual job hence his duty hours did not cover night duties. It is wrong and denied that I made remarks about his llicit relationships with nurses while on night duty as alleged."
If I wud have submitted RTI copy earlier, she wud have given in affidavit: "It is wrong and denied that I made remarks about his llicit relationships with nurses while on night duty as alleged."
Thats why I waited for her affidavit to come. Now suggest the way out as asked in final lines of my query?
Thanks
Rajendra K Goyal
(Expert) 28 February 2014
The advise of your lawyer about information received through RTI is right in the given circumstances.
ajay sethi
(Expert) 28 February 2014
the burden of proof is upon you to prove allegations of cruelty . your wife has denied that she ever alleged that you had relations with nurses .the fact that you did night duty or not is immaterial .
you will have to make application to court that you want to produce additional documents . the query of court would be what prevented you from producing the same earlier when said document was already in your possession .
you should concentrate on proving allegations of mental cruelty raised by you
Biswanath Roy
(Expert) 01 March 2014
You can call in-charge of your Health Services as witness and can call for your duty register by serving a summon upon him to substantiate your night duties even your evidence was closed.
T. Kalaiselvan, Advocate
(Expert) 02 March 2014
Chances that you apply for reopen of your side evidence and summon your supervisor in charge to depose the evidence in your hand to counter her allegation, consult your advocate.
