Amendment petition

1. See based on your presented briefs before us such Amendment will not be allowed. Reason being Amendments may be allowed to rectify / amend technicalities of a suit matter and secondly such Amendments being brought to Court for allowing should not change drastically the substance of the suit matter. To your last para raised question the reply is clear NO means once dismissed she cannot file again RCR. Concentrate on your divorce suit matter based on “adultery”. Donors in ART clinics are always “anonymous” as per ICMR Guidelines and there is nothing great deal about her whimsical amendment is one and even if you ignore her belated HONESTY as in "material records" then she will now pop out Birth Certificate with your name as “father” is two which will lead to further speaking reasoned Order in your suit matter as to why a father did not file under ‘fraud” in marriage instead of ‘adultery’ and so on so forth and she will see to it that her ‘gospel truth’ makes a dent into your divine patience which you need to watch now for. However first her “denial” and now “admission” to same material para but with a "small twist" itself means she is unreliable witness to her own suit matter and she is admitting that the child born out of the wedlock is not fathered by you and now presumptions favours you in your divorce case based on adultry grounds once she is put "on stand" and during cross with simple questions on IVF clinic visits and "what happened there"....medical questions and see her sweating J. Try to fast track your suit if possible as there is no end to a metro woman's "gospel truth" that we know of and adding this as yet another "gospel truth" of theirs in recorded history.
2. You now file ‘perjury’ case against her and see she will become “more honest” just like below news item from late 2010 [atleast I will give credit to your metro wife being HONESTJ] That means the metro women’s vocabulary on “gospel truths” now-a-days in Indian "family law" context is getting interesting day by day.

Thanks for your detailed response. So you are saying, if her amendment petition is dismissed, she will not be allowed to withdraw her RCR petition saying that the lawyer filed it wrongly and file a new RCR petition with the new IVF story she came up with. Please let me know if  my assumption is correct.

1. Why she shall be allowed to do that – tell me?
2. The relationship of a Lawyer and client is based on trust and instruction based. A lawyer acts on instructions of a client and carries forward the trust relationship till h/er services are required by a client. A client unless instructs that the DNA test was illegal how a lawyer will dream that it was actually IVF in original suit which should have been mentioned in some unknown para!!!!!!
3. However stating reason to withdraw her RCR suit she can jolly good be allowed to withdraw the same. Why you worried more on her RCR that your adultery ground based divorce – I’m having a second thought about it now J
4. Now if she files fresh RCR suit then she has to give reason / hint of her earlier withdrawn RCR suit and moreover your side may not act second time as fools not to file "preliminary objections" raising principals of res-judicata - is it not so?

I want to give some more information. I filed the divorce case in December 2010.  I came to know her act of adultery when read an article about maximum length of pregnancy in July 2010 and the subsequent DNA test done which proved that I am not the biological father of the child. When the baby was conceived she was in India and I was in USA. She was in India from June 2003 to October 2003 while I was in USA. The act of adultery and conceiving date of the baby is between third week of July 2003 to first week of August 2003. 

I went to India on October 12^th 2003 and we attended my sister’s marriage on October 30^th 2003 and returned to US on November 2nd 2003. My wife got injured just before leaving to USA. Once we returned to USA, we went to the doctor for treatment of the injury. The doctor asked the petitioner to take an x-ray of the toes to check for any fracture and before taking the x-ray the doctor wanted to check whether my wife was pregnant as a precautionary step. My wife said she does not know whether she is pregnant. The pregnancy test was done and results confirmed that my wife is pregnant and there is a medical record for this. If what she said is true about IVF and if we know that she is already pregnant why there is a need for pregnancy test during the first week of November 2003. In the subsequent gynecologist visit on November 10th 2003 also, she told that she came to know that she was pregnant one week back. Do you think this an important evidence to prove her IVF story wrong? 

 In her amendment petition she said that I sent her to India to have the baby through IVF because of my impotency problem and I consented and forced her to have the child through IVF and once the pregnancy was confirmed I came in October 2003 and both of us returned on November 2nd 2003. She also said that I forced her to abort the baby conceived in 2001 because of steroids and viagra I have taken will affect the baby. She said that I used Viagra to conceive the baby because of the impotency problem. This is a big lie. The only truth is the baby was conceived through normal intercourse and there was no viagra involved and she only wanted to abort the baby because it will affect her PhD.   

She also said in a letter sent by her US lawyer that baby was born through IVF after the US court ordered DNA test and they just found the IVF document but in the amendment petition she said that I destroyed the IVF document and they only have the witness doctor who did the IVF procedure who is the friend of her father. She also did not mention the IVF story in the counter petition she filed in USA for my paternity test request based on her act of adultery, which was filed before her false amendment petition. She simply mentioned that I did not question paternity and acted like a father even though I know that I may not be the biological father based on duration of pregnancy. This is also not true. I did not know that I am not the biological father of the child until I saw the DNA report. I have two DNA reports (Private DNA report and Court ordered DNA report) to prove that I am not the biological father of the child.  There is one more child born out of wedlock in February 2010. I do not know if I am the biological father of the child because I do not have any trust on my wife since I came to know that first child is not mine. Most probably this child will be mine because I was there physically when the child was conceived. She also mentioned that for this child also I used Viagra to conceive the baby which is also a lie. The court ordered DNA test was completed last week and I will know the results soon.

 

 I am more worried about my divorce petition than the RCR. The reason I am asking about RCR is, she filed the counter petition for my divorce petition filed in December 2010 only after 1 1/2 years in June 2012. The counter petition also has the IVF story as a defence and she also asked for 50 lakhs as compensation. If  her RCR amendment petition is dismissed, what about the IVF story in the divorce petition counter?  Do we need to disprove it or the court will not take this new IVF defence since the RCR is dismissed?

 

 

 

I also have one more question. My wife side plan is to file multiple IA petitions(Interim maintenance, Amendment) and go for appeal and drag the delay. How to handle this and finish the case quickly. The case is already pending for almost two years.

I replied to this query some time back with relevant Supreme Court citations. Such amendment are not permissible and your wife won't be allowed to disown the pleadings as your' lawyer's mistake as well, as by an affidavit a person affirms the contents of his/her petition as true and correct.

Thanks for the response. Please see the message on the forum on the details of my case. Please let me know your opinion about how strong is my case and is there any weak points I need to address?

My wife filed interim petition, amendment petition and they are currently pending. My wife is planning to drag the case by appealing each IA petition to High court and Supreme court and drag the case for years. Can we get a direction from to dispose all(Divorce, Interim, Amendment) together since the child is not born to me?  The case is already pending for closer to two years?

A. Two years time slot to get decree in divorce proceedings by a husband is too narrow a window your sight is fixed on!
B. Yes, by all means approach HC / even SC for direction to dispose all IA's including main case in time bound fashion.
C. Illegitimate or natural born child is not the only 'ground' you should solely rely on. Instead try thinking on filing "perjury" wherever she changes tracks. Unless and until a "criminal twist" given by husband side to his divorce case proceedings he will not get divorce so soon rest assured for that from my side.
D. You / your side is naïve not to think on SC case laws on Amendments as also hinted by brother Bharat.

Above is your PM's reply by me as you wanted it in open forum so there it is.