Probably I am posting the question again but I need to do it as it is urgent!!
Its a tale of 'Chor to chor aur kotwal ko datein'.
Teminologies used here:-
'Culprit' mean a Husband. 'Victim' means a Wife.
Please advise how the victim should tackle and face to counter attack of culprit.
Question:- Is a culprit himself entitled to take defense of 'Equitable defense' in a 'Review proceedings' filed against him by 'Victim'?
Scenario as follows:-
During maintenance proceedings, the Culprit concealed, ommitted to disclose, also denied some crucial/material information and facts (Eg. His actual and correct total income is much more than 90k p.m., But he claimed only 13k p.m.!!!....... )
'Victim' did plead that culprit earns more than 70-80k p.m., but victim didn't have complete proofs of above.
BUT victim did have some proofs, although very little, and did also know from where to get other proofs of culprit's income. But did not file those as those were merely suggestive and secondary evidence.
Victim continued her search of proofs......
Judge passed an order saying...no proofs adduced by 'victim' to support her claims about 'culprit's' total income, and judge presumed 'culprit's' income as around 15k p.m at the max,
and accordingly passed interim maintenance to 'her and child in her custody'. The maintenance amount ordered is a pittance.
After the Order was passed..........:-
Victm managed to get material evidence of culprit's income which looks conclusive. and then filed a 'Review/Amendment of Order' in the same court on the basis of 'review grounds' and 'fraud on court' committed by culprit.
Now, the culprit has taken a AMAZING stand on above 'review' in his defense that :-
'Review application is not tenable, as victim could have filed these new evidence during earlier proceedings. She knew about that evidence, she slept on her rights, she failed in due diligence...and thus she can not claim any new remedy or modification BECAUSE :-
Victim herself is bringing this Cause of Action in IN-EQUITABLE way and she herself has acted in IN-EQUITABLE way.
And Hence 'Culprit' is entiled to be excuesd from 'fraud on court' and 'review' vide 'doctrine Equitable Defense by the culprit.
Question Here:-
Is the victim to be blamed for committing laches/failing to produce evidence on time?
Is the Victim deemed remedyless and liable to be suffered from her failure of 'due diligence'?
Who is right and who is wrong?
Shouldn't the 'ultimate equity' prevail...that...even though victim failed in due diligence to produce some documents about culprit's income, victim can't be left remedyless to salvage that 'due dligence thing' ?
Culprits can't be allowed to get away.
And on top of it, Culprit can't be rewarded for his intensional acts of 'concealment, ommission to disclose, denial of material information under the garb of 'res judicate/no locus standi'
The irony is that the 'Culprit' is himsellf raising the plea of 'Equitable defense' of 'laches/failure of due diligence' committed by review-petitioner i.e. the victim!