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Krishna Murthy TR (Officer )     12 September 2011

Fresh cause of action

My submission to the entire forum is that `my wife has allegedly made a derogative statement in her counter statement against my divorce petition based on cruelty ground and the statement reads that `The petitioner is unfit to serve in Indian Army as an officer because he has taken a bad decision in filing a petition for divorce'.  Now my question to the entire forum is that will this derogative statement made by my wife amount to fresh cause of action for me to file a fresh divorce petition ?  Please advise on the same and if judgement on this exists please let me know so that I can contest the same in the court of law?



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 3 Replies

Tajobsindia (Senior Partner )     12 September 2011

@ Author

Let us take her filed written statement to your divorce suit in below illustrative light (on lighter notes mind it);

 

 


M/s ROSE thought to be Enemy (here your wife) attacked Indian soil (here you) at point A (here it is divorce suit). Indian Army WAR against enemy starts as per relay of matter to chain of command (here it is service of divorce notice to her). Now same enemy while continuously holding its attack position at point A launches another attack on point B (means she is inviting trouble sir). So as per fresh "reporting to command" what is that this enemy has done fresh worth reporting all about other than rebutting all those opened up fronts (here it is called as rejoinder of petitioning party that is you)!

 

 

Now think and fix "relay of above field notes to command" by your que. as interpreting enemy to be here nothing but "cruelties or whatever you alleged in your divorce petition as grounds for divorce" and those grounds you took for divorce in your petition" and it is called as 'mark' point A, point B whatever. Now enemy has reason to either use rocket launcher or armored corps strength to move forward upon you to do here which I call legal rape is it not so think aloud Sir. So what the enemy has used now by engaging your resources at point A is ordered her smallest regiment to launch a tiny weenie defence by opennign point B while maintaining offence position at point A as made believe to her by her legal advisers and circle of legal rape strategists to be best form of defence attack to your alleged divorce petition. I mean what you were expecting Sir after all she is a commissioned officers wife hai ki nahi……….itana toh haaz banta hai uska bhi....

 

 

Now in all above war of roses reporting the "cause of action" is contentious and no clear victory position either of you have achieved till date so whether now she fires at point B or in future till point z hardly matters except on the victory day comet to you the civil laws gives you right to file defamation suit arraying Army Authorities as your necessary party against enemy here that is your wife (on those defamatory words she used for you defaming you and respected institutions such as Army in turn) and meanwhile use your commando training  strength which is called as "Rejoinder to reply of respondent" to carry to stage two of such spousal wars called as seeking "framing of issues" instead of causing more delay to Nation (here it is you asked this entire forum to reply na) :-)

 

 

Means Sir donot take to officers mess such and such wordings under written statement of hers and mind it Sir in divorce proceedings both husband and wife go mad at the end of all these happy hours tit bits. Fight on merits in civil matrimonial laws.

 

 

Hope it is been cleared on how to approach all these now and work on strengths of your divorce grounds rather than wordings of hers in her written statement which are nothing but few meows here and there……………:-) 

2 Like

shrinivasg Advocate. (N)     12 September 2011

not necessary. You may argu and disprove it.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 September 2011

If that were to be the case, all your allegations would have given a cause of action for her to file divorce.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com
 


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