Direction by high court
Prakash
(Querist) 30 May 2012
This query is : Resolved
Ld Counsels,
Husband withdrew RCR and filed divorce. Prior to this wife filed divorce. Wife filed objections for the withdrawal of RCR petition and went to CRP against the dismissal of the objection to withdraw. HC dismissed the CRP and directed the family court to dispose of both the divorce petition with in 4 months.
Only after of this direction of HC wife filed counter in the divorce petition filed by husband and had made only evasive denial of the allegation levelled by husband.
Evasive denial is deemed as admission in law, can the husband seek judgment on admissions made by wife in the counter filed by her. Will the direction of HC to dispose of both divorce petitions come in the way of seeking judgment on admission by husband and will the husband be compelled to go for trial.
Please clarify. Thanks.
R.K Nanda
(Expert) 30 May 2012
1.No, it is not so.
2.No,he cannot seek judgement on evasive
denials.
3.He will have to go through complete trial.
ajay sethi
(Expert) 30 May 2012
agree with experts
Adv.R.P.Chugh
(Expert) 30 May 2012
Evasive Denials certainly can be taken as admissions. A denial is evasive when it does not reply to the substance of the issue but the form of it. For eg in response to the allegation "X took bribe from Y in Hotel ABC in Room No.2 at 10.00 AM" now a response on the lines "X took no bribe from Y in Hotel ABC in Room No.2 at 10" it raises more questions than it answers - did he take it in a different hotel, some other room or a different time" this can be taken as admission, and a judgment may be passed on admission. But this depends on judge's discretion and how evasive is the denial.
Shonee Kapoor
(Expert) 31 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
