Sec 13- B
Vikas Aneja
(Querist) 28 August 2010
This query is : Resolved
A illiterate lady has gone to a Advocate for filing divorce petition on her behalf for getting divorce from her husband and getting back her dowry articles and for maintenance and her advocate filed divorce petition u/s 13 of HMA. But when the respondent appeared, the advocate of the lady connived with the advocate of the respondent and respondent filed an application for converting the petition U/s 13 to 13-B and the counsel of the lady got thumb marked on the statement of no objection without disclosing anything to the lady. He also filed petition u/s 13-B HMA without disclosing any fact to the lady.He also wrote in the petition that the lady has received all her dowry articles and future maintenance in lumpsum without disclosing the amount. But the lady did not receive any thing from the respondent. The counsel of the lady also gave statement about this in the court without disclosing any fact to the lady. As the lady is illiterate she thumb marked the statement. And the judge without asking anything from the lady adjourned the petition for Six months.
Now the lady came to me and I inspect the file That fact came to the knowledge of the lady. She is totally unaware about these facts.
Now the question is whether I can disclose all these facts to the court when the statement is recorded in the presence of Judge. If yes what should I do? Plz reply
Chanchal Nag Chowdhury
(Expert) 29 August 2010
In such cases, the judge usually records oral submissions & if the lady has given such submissions that she has got back her articles, there is very little U can do about it. However, if no such oral submissions have been recorded,U should definitely disclose all these facts to the court when the oral statement is recorded in the presence of Judge.If necessary,U may amend the petition already filed.
Remember, illiteracy & inept drafting cannot rob a person of her rights.
s.subramanian
(Expert) 29 August 2010
The wife can appear before the family court personally with an application to reopen the matter immediately to record her statement about the truth involved in the case. All the courts in India have powers to do so to render justice and prevent fraud. You need not wait till the date of next hearing . You can proceed immediately.
Satyendra Kumar Pandey
(Expert) 30 August 2010
I am agreed with the view of S.Subramanian, you can present the lady before the family court and the court can record her versions on the petition and in section 13-B before pronounce the judgment the court must asked the parties to maintain the relation instead to break them.
Mani Narayanaswamy
(Expert) 30 August 2010
file review under section 114 CPC stating the facts
