swasti (Manager) 24 September 2012

Hearing on ia to add mental cruelty as new ground

I'm contesting the annulment/divorce petition filed by wife on ground of impotency and nonconsummation. I've filed application for potency test which is pending in court.

Later she had filed IA to amend the main petition by adding a new ground 'mental cruelty' mentioning silly reasons like I didn't care her, didn't allow to watch TV with my family members, was always watched her suspiciously and doubt her relation with my brother..

We lived together 20 days only and she says all these happened in that short time...She didn't mentioned impotency and nonconsummation in her IA. She also says that she forgot to add these in main pettion. She took 2 years to file this IA since the main petition and counter was filed.

So, please help me to collect the related points and case laws to get her IA rejected.

Any case laws from SC/HCs to show that such allegations are not within the gravity of the definition of 'mental cruelty' even if proved?

Please help.

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 24 September 2012

You are again side tracking.
Reasoning:
She has filed an IA and seeking Amendment of her earlier pleading that also after 2 years. What you need to tell us first is if issues are framed by Court is first and has trial started by Court is second and then search yourself, if after framing issues and trial in progress in a case does SC / HC allows such amendments in matrimonial pleadings of parties?.
Now since you did not ask the way it should have been asked suggested to search on above lines and defend her Amendment IA accordingly and not whether it should be or it should not be treated under “un-defined” vast mental cruelty grounds is not what you need first to search that comes under persuasive submissions after finding why it should not be allowed when trial already underway!

Sir, got it now how to frame legal question in legal portals and now how to do self-search on specific framed questions J

1 Like

swasti (Manager) 24 September 2012

Neither issues framed nor trial started. The evidence stage is going on.. the first hearing is on next date on her IA. My advocate told me that evidence stage is not closed and it would not be closed before deciding my IA for potency test by medical board. She filed the main petition in jan 2009 and all these days nothing happened except some counselling sessions, one document submission as evidence from her side and one IA also.

So, can I object admitting IA in evidence stage? Can I stress on time gape between the main petition and the IA?