Framing of issues
Querist :
Anonymous
(Querist) 13 January 2011
This query is : Resolved
In my divorce case, my wife has made following allegations -
1 that she was mentally tortured from the very beginning by making baseless allegations on her character (No description of any specific allegation, date, time, place etc. No evidence provided)
2 That I had asked her to get out of my house in 2006 (No details like date etc) but had called her back after 10 days)
3 That I had thrown her out of the house about 7 months back ( no specific details provided; no evidences)
I had pleaded in the reply that the plaint be dismissed because it makes vague and ambiguous allegations that cannot be responded in an informed manner. I had also specifically denied these allegations.
2 My second ground was that there is unexplained and undue delay in filing of the petition.
there were several other grounds given by me including the fact that it is malafide, it is filed to hide her own faults etc.
Court has filed following issues-
1 Was the wife tortured by the husband?
2 Whether she is entitled for the divorce?
3 Expenses.
Can court frame vague issues that cannot be responded in an informed manner?
Can I ask for dismissal of the petition and if it is not possible then reframing of issues?
Shouldn't point raised by me be part of the issues?
Y V Vishweshwar Rao
(Expert) 13 January 2011
1- Issues will be framed on the allegations and replies - Evidence and proof will be considered only after full trial of the case .
2- The wife pleaded torture - on that plea issue is framed - the petitioner wife to prove the cruelty/torture !
3- If any specific ground is pleaded by you- you can also request the Court to frame issues on your pleadings and you have to prove the said allegations.
3- Vague - issues - issues will be on the allegations only
4- on the ground of Issues ( according to you ) vague issue ) petition can not be dismissed as not maintainable
Devajyoti Barman
(Expert) 13 January 2011
Yes new issue can be frmaed even beofr epassing of the judgement.
Amit Minocha
(Expert) 14 January 2011
Issue of Entitlement of Divorce (second issue) on the grounds of cruelty (first issue) i.e. whether the allegations comes within the definition of cruelty if proved, third issue - maintenance / cost of proceedings (expenses)
you cannot seek dismissal of petitions on the grounds of vague issues , issues are not framed by parties but by the Court, parties can at the most give proposed issues
Querist :
Anonymous
(Querist) 15 January 2011
I am not seeking dismissal on the ground of vague issues. I had sought dismissal on the ground of vague allegations in the petition that do not allow me to respond to these allegations in an informed manner.
One of my arguments is that dismissal can be sought on the ground of the undue and unexplained delay in filing of petition and if no specific date is mentioned then how can I, the court, or anyone else decide whether there is an undue delay in filing of the petition.
My argument is that court cannot frame the specific issue because the petition does not give any specific details and therefore it must be dismissed as per the clause 20 of the Hindu Marriage Act.
Hon,ble Supreme court has stated in Church of North India v/s Lavaji Bhai Ratanji Bhai that if a plaint does not give material facts based on which the relief sought in the plaint can be granted then the plaint must be dismissed.
My argument is that why would court want to waste time on going through a time consuming process when, on the basis of the allegations made, the court cannot grant the relief sought in the plaint.
MP Hindu Marriage rules, 1957 also require that if divorce is sought on the basis of cruelty then allegations must mention date and place of the incidents.
Moreover, the plaint also does not mention that there is no collusion between the parties.
Finally, all the documents attached with the plaint show that I had only good things to say about my wife. Not even a single statement in the documents attached show that I had made any baseless allegations or any allegations against my wife.
Querist :
Anonymous
(Querist) 15 January 2011
My basic arguments remains same, "How can anyone respond to such vague allegations in an informed manner?" and if a plaint does not allow the respondent to reply in an informed manner then should it be considered for further hearing?
She has said that I had asked her to leave my house in 2006. She does not mention wheher it was on 1st jan or 31 dec.
In such a case, how do I prepare my list of witnesses and documents that can prove the allegations wrong. I can respond by saying that allegation is false but cannot respond in an informed manner.
I must wait for the her to mention the date and then see which witnesses and documents may prove her allegations wrong.
At this stage, can she give any date she wishes to?
Similarly, her third allegation is that I had thrown her out of the house about seven months prior to filing the petition when the fact is that she had left for her parent's house for a routine visit for a week about nine months before filing the petition.
Can she be given the liberty to stretch ABOUT SEVEN MONTHS TO NINE MONTHS?
CAN ANYONE BE EXPECTED TO RESPOND TO SUCH VAGUE ALLEGATIONS IN AN INFORMED MANNER?
