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(Guest)

Alternate relief(HMA-23A) and new evidence submission

Can respondent, husband, ask for divorce on mental cruelty as alternate relief under HMA-23A while contesting Annulment petition filed by wife on impotency? If he asks alternate relief after evidence stage and during the trial on main petition, will court allow him to submit new evidence to prove mental cruelty? Husband not going to file application for potency test, and if wife also not file application for his potency test, would he be allowed to file application for potency test at later stage while asking for divorce under HMA23A on mental cruelty arising out of impotency allegation? can he convince the court that he didn't file application for potency test earlier because its her duty to prove her allegation of impotency, but now i'm asking for divorce on mental crueltly as alternate relief so now I file application for potency test to prove mental cruelty arising out of her false impotency allegation.



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 7 Replies

Tajobsindia (Senior Partner )     14 May 2011

@ Author,

1.
Burden of proving is on wife not on husband since she alleged!


2.  Yes he can very well do that under alternate relief by first denying and then rebutting denial with correct facts and cross examination of her. 

 


(Guest)

Any time limit for asking for alternate relief under hma 23a? I mean, can i ask alternate relief at any stage of main petition ie. even after the examination of petitioner & respondent?

Jamai Of Law (propra)     15 May 2011

Yes ........ false allegations causing irreparable damage to character amounts to mental cruelty.

 

You shud immediately move court to amend you counter to add counter-relief vide sec 23A.

 

Arup (UNEMPLOYED)     15 May 2011

Can respondent, husband, ask for divorce on mental cruelty as alternate relief under HMA-23A while contesting Annulment petition filed by wife on impotency?

 

---   yes may file. in same case it will be heared.

Arup (UNEMPLOYED)     15 May 2011

If he asks alternate relief after evidence stage and during the trial on main petition, will court allow him to submit new evidence to prove mental cruelty?

 

---   place your complain at earliest.

after complition of a stage, judge may not allow.

Arup (UNEMPLOYED)     15 May 2011

its her duty to prove her allegation of impotency

 

 

---   yes, you have to deny the said allegation, rest is upon the court.

Arup (UNEMPLOYED)     15 May 2011

for lodging the matrimonnial complains, there is no time bar under the the limitation act.


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