Siv (engineer) 09 January 2014

Vague allegations divorce case any remedy in cpc/hma

Dear All,

Wife filed Divroce petition U/s 13(1) (1a) of HMA, Cruelty ground.

The alleged allegations are so vague such that not clear about the date, time and place of occurence. Because of that husband could not file counter along with supporting materials.....

Is there any why to get the complete detaisl of the alleged allegations from wife so that in Counter or in Perjury the husband can submit the evidence for appropriate action by the court.

Kindly refer the Sections of the Law/Act and if possible refer the citation.

Thanks in advance.

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3 Replies

Adv k . mahesh (advocate) 09 January 2014

she filed allegations against you and you know the facts explain same to your lawyer who in turn will draft the counter

if you are the party in person then without knowing what the allegations clearly cannot give the proper section

Siv (engineer) 09 January 2014

Sorry sir.... the allegations made by wife are not clear for example:

wife said: Immediately after marriage the in-laws and husband tourtured the wife for dowry.... in ths statement/allegation, what is the meaning of Immediately after marriage.... what kind of torture.... at which place, time and date these alleged incidents happened.... this kind of details are missing hence could not able to give counter with support of documents that show these allegations never happened....

Siv (engineer) 09 January 2014

Because of these vagueness the counter can not be filed effectively. So is there any provision in CPC to get these details from wife so that its possible to prove as false....