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Naresh (In search of job)     04 September 2012

Implication of non-denial of cause of action explicitly ?

Dear Experts/members,



I have the following situation
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Wife's version:
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Wife filed a maintenance case u/s 18 HAMA in family court in the body of the petition she stated that "lived together after mediations from the elders and finally separated on 10.11.2001"


But in the cause of action, she stated that "husband necked her out on 10.11.2001", without explaining any circumstances leading to this action of necking her out.

Husband's version:
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In the counter of the above maintenance petition, husband initially started the words with "deny each and every allegation in the above petition except those that are specifically admitted hereunder". Again, below for every point he denied her allegations and stated his own versions, except the cause of action point.




My questions are:-
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(1)Whether this will go against the husband that is to say whether the court might construe that since the husband has not explicitly denied, so will they think that he had necked her out?

(2)Though, he hadn't explicitly denied the cause of action, at some other point he stated that "wife left his company voluntarily without his knowledge and consent". Isn't it sufficient to say that she was not necked out, but left his company voluntarily?

Regards 



Learning

 1 Replies

Naresh (In search of job)     05 September 2012

 

Sir/Madam,

 

Could you please reply to the above query, as I'm fighting this case in high court and I need to know, how to counter the above faux-pass, if the opposite party tries to exploit?

 

Regards


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