Different versions pleaded
Ranganath
(Querist) 29 June 2012
This query is : Resolved
Ld counsels,
Wife filed restitution of conjugal rights and withdrew the same. She filed annulment petition on the ground of fraud with additional facts and different version of the events pleaded in the earlier restitution of conjugal rights petition.
The only explanation for not pleading the additional facts and the earlier version being differnt was that she came to know the intension of the husband after the discovery of fraud on marriage.
Will this explanation be sufficient to hold that she is justified about the omission to plead the same facts appropriately in earlier petition. The RCR petition is withdrawn what effect will it have on the annulment proceedings.
Please clarify.
Shonee Kapoor
(Expert) 29 June 2012
Yes, it is justified.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ashutosh mishra
(Expert) 30 June 2012
Fraud provides cause of actiton only after its discovery,hence there is no flaw in her pleadings unless you successfully attribute her earlier knowledge of facts,
