Grounds for dismissial of a divorce case
Ankit Agrawal
(Querist) 16 October 2014
This query is : Resolved
Hello members,
This query is related to divorce petition filed by my sister's husband against her. Do Help Me Please.
My sister's husband has filed a petition against my sister for divorce quoating various fake reasons. One of them is regarding a particular date, say 15/04/2013: he has mentioned in his petition that on this date parents of her wife (my sister) had a meeting with his parents in front of some reputed peoples beonging to our society and decided to take my sister back to their home alongwith all the cloths,jewellery and other belonings to her.
But the actual fact is that on the very same day they have admitted her in a well reputed hospital of our city. We have evidence for the same, i.e. "Copy of Admission form of the Hospital duly signed by Father-in-law of my sister". The same is also duly sealed and signed by the competent authority of the hospital.
My query is that Whether this case cane be dismissed on this ground as they are giving false information.
If yes then please tell me what should I do to get relief from such a fake case.
I have already given copy of this evidence to our advocte and he has presented the same in the court but Judge took no interest in this evidence.
You all are kindly requested to help us So that one more woman won't suffer the unjustice happening to her.
Thank You!
ajay sethi
(Expert) 16 October 2014
you have to contest case on merits . in your written statement deny the allegations . it is only after trial would case be dismissed . husband has to prove allegations made in the petition
Anirudh
(Expert) 16 October 2014
Dear Mr. Ankit,
Please appreciate, this may not be the only ground in the divorce petition. There may be several other allegations as well. All these items have to be properly contested by cogent explanation.
Further more, lot of information which the husband's side might not have stated in the petition have to be told by your sister in her reply to the petition.
These things can be done only after meeting a lawyer, discussing things, showing the papers etc.
Therefore, my sincere suggestion to you would be to approach a good matrimonial lawyer in your area and take things forward.
Please take it from me, just because the husband has filed the petition, the Court will not grant the divorce immediately. However, your sister has to contest the petition thoroughly and vehemently.
It is not clear (i) in which State/place you are located, (ii) in which Court the case has been filed. (iii) what is the next date for hearing.
Anirudh
(Expert) 16 October 2014
Whatever it is, if you can give the information here in LCI please do so.
ROHIT SHARMA
(Expert) 16 October 2014
1. Your query has been well advised by expert Mr. Anirudh.
2. Yet, as you have such cogent evidence then you can be certain if such petition is contested then the same is likely to be dismissed.
3. You say that such evidence has been placed by your advocate along with his counter W.S. The same needs to be proved and that can be done while the proceedings reach the state of examination in chief of the petitioner and upon his cross examination by your advocate the copy of the original evidence listed with the counter W.S. can be shown to the petitioner and he be questioned about it's existence then the same will be admitted as exhibit by the court.
4. If need be for further in depth discussion you can get my contact details by clicking my name shown in the L.H.S. of this reply format.
Anish Thakur 7018812737
(Expert) 16 October 2014
Defend your case and mention all relvant supporting facts in your written statement.
Devajyoti Barman
(Expert) 16 October 2014
In divorce case the grounds of divorce is to be established by the petitioner alone and even if you fail to disprove it unless the petitioner succeeds to prove his case, the case would be dismissed.
If the particular incident is false then your sister will not have to worry for anything.
Rajendra K Goyal
(Expert) 17 October 2014
The mentioned fact may be in your favour, but may not decide / dismiss whole case only on this point. You should oppose the move on all points of the plaint. Take help of experienced lawyer dealing family disputes / law related cases.
malipeddi jaggarao
(Expert) 17 October 2014
Well advised by all experts. Do not expect that the judge will take into cognizance whenever you/your advocate submits it to the court. Only after completion of Chief Examination, you have to prove genuineness of the document submitted. You will have to wait for the time to come. It is for the husband to prove the reasons for asking divorce, not your sister.
Ankit Agrawal
(Querist) 17 October 2014
Rajendra K Goyal ji.
we have an evidence against their false allegation. So whether court will consider other allegations as false on this ground? As this evidence is itself good enough to prove them liers.
ajay sethi
(Expert) 18 October 2014
just because one allegation is false does not imply other allegations are also false . the petitioner has to prove allegations made in complaint to succeed
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
You have been properly addressed by all experts, it is high time you take your lawyer into confidence and discuss further issues with him instead of discussing day to day issues here.
Devajyoti Barman
(Expert) 20 October 2014
you are advised enough ..do not drag this thread anymore.
