Interesting Case of an Affirmative defense (and admission):-
Y is wife and plaintiff. X is husband.
X tortured Y and compelled her to leave matrimonial house with bare piece of clothing on her and kid. Y living at her parent’s house.Wife files divorce suit and also maintenance under sec 24 and sec 26 of HMA for kid.
Y-plaintiff alleges a certain fact that husband has lot of property and money also
E.g. Y-Plaintiff says that Husband has 1.2 crore of property and shares in stock.
There are two ways in which it looked at, as follows:-
1) Wife only tells the half-truth, omits and misrepresents facts to achieve deception, and escapes from telling whole truth
OR
2) Wife does not think it was necessary to tell the whole truth in adversarial system and is advised to do so accordingly by lawyer.
X-Husband replies that. “Y’s averments are half-truth and misleading although it is true that Husband has 1.2 crore in property etc, but husband had invested all in wife’s name and she must be getting the benefits and hence no need to give maintenance”
PLEASE UNDERSTAND THE PLOY .... by mean Husband!
Then Y-wife and her lawyer argue to above reply that “Although husband invested in wife’s name, she is not having any possession of those and it is for just name sake it is in her name!! and hence wife is not getting any benefits from that money invested or in property as she does not have any access to those”
Wife’s lawyer says that ‘Husband admitted the fact that ‘HE HAS 1.2 crores’ in his reply and hence he has admitted that he has money and Husband also never gave any proofs that Husband has invested in Wife’s name. And anyways if it is so, wife might have merely lent her name to his assets but she is not having any access to those’.
Husband is now started crying VERY FORCEFULLY that:-
1) Wife approached court with unclean hands!!
2) Can any wife dare to go in court to say that
"Yes!!!!! My Husband's money of 1.20 crores is invested in my name!!! but still I WANT maintenance?’ (Y is bit scared and concerned that it might have made some impact of the judge listening to it)
But Husband also mildly admits that he has the possession of those property!!. Almost like small font footnote!!
BUT Husband is also started crying VERY FORCEFULLY that:-
1) If Husband’s admission is to be taken as admitted, then wife’s admission in argument should be also taken as admitted that she did know that husband did invest in her name. BUT she came to court with unclean hands (???? wrong !!) and intentionally omitted to disclose complete facts.
Can anyone offer help to wife, as to what she should plead now?
Actually she isn’t getting any benefits from that property, although she is rich just on paper!!!
Please understand the conspiracy of husband!!
