Evidence for vexatious litigation
Sheetal
(Querist) 08 November 2014
This query is : Resolved
Sir,
If a person brought a legal action which is regardless of its merits solely to harass opponent. That is to say filing a lawsuit with the knowledge that it has no legal basis, with its purpose to bother and annoy to opponent merely with intend.
So pls reply how to prove ;
1) Abuse of the judicial process.
2) Which types of evidence required to show it is Vexatious litigation
3) Admission of concerned affidavit in the court is sufficient for that.
Please give me reply as soon as possible
Thanks
Sheetal
(Querist) 08 November 2014
sorry sir, it is not ' academic query ' my Husband did it. He file a divorce lawsuit against me mere on 21 day relationship
Devajyoti Barman
(Expert) 08 November 2014
Then give background details without which no advice can be given.
Sheetal
(Querist) 09 November 2014
Thanks sir
for your short answer
anybody there who gives proper and right answer ??
Anirudh
(Expert) 09 November 2014
Dear Sheetal,
After reading your post, with limited facts on table, one can only give a general overall view on the issue.
As per law i.e. Section 14 of the Hindu Marriage Act, 1955, one cannot file a suit for divorce before expiry of one year from the date of marriage.
However, a petition for divorce can be entertained before lapse of one year from marriage, on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
Therefore, it is quite strange that a petition for divorce has been brought within 21 days against you. You have to contest the same vehemently.
Having said so, let me also clarify that just because a person brought a divorce case within 21 days of marriage cannot be said to be abuse of judicial process by any stretch of imagination. The person who has filed the divorce case feels that he has some justification for bringing the case before the court. Again, just because he brought the case before the court cannot also be called 'vexatious'. Vexatious cases are those where on trivial issues one goes on files one case or the other from time to time and harasses the other party.
In your case, you have every right to feel that the suit for divorce is highly uncalled for. In that case, you have to reply to the suit with your side of the story. While doing so, you can state whatever that you want to say, including the unsustainability of the suit, how premature and immature it is, how hollow and bereft of any cause of action etc. etc.
Yes, depending upon the averments made in the suit for divorce and the documents if any attached with it, you can rebut the allegations by your own documents etc, if any that you may have.
Devajyoti Barman
(Expert) 09 November 2014
Your apparent apathy to share background details of the case raises doubt about your true intention behind this post.
Sheetal
(Querist) 09 November 2014
Thanks Barmanji & Anirudhji
@ Anirudh Sir : Yes Sir divorce lawsuit is under Sec. 14 of the HMA,
IF it is Under sec 14 he have to show exceptional hardship, have to show any Problem with Me, any extraordinary reasons related to me,
but what he claim ? She does not cook food well, she wear jeans and top not sari, he is person who deny to roaming around him and say marriage is not consummated ?? how disgusting ?
ok
Thanks for kindly reply
Anirudh
(Expert) 09 November 2014
If what you have said above are only the main reasons for seeking divorce, the application could not have been entertained in the first place by the Court.
That itself you can question, while submitting your reply. The application for divorce is bound to be dismissed.
Sheetal
(Querist) 10 November 2014
@ Anirudh : Thank you very much for your consideration.
T. Kalaiselvan, Advocate
(Expert) 13 November 2014
The burden to prove exceptional depravity of the respondent if he files a petition u/s 14(1) of HMA. The trivial issues cannot be claimed as exceptional hardships. The petition will be rejected if properly challenged.
