vivek (worker) 16 January 2014

Wrong facts

Dear Sir

I have applied for divorce in blr and my wife has also applied for permanent alimony in Hyd. She has now approached Supreme Court with wrong affidavit that she is a house wife and staying in Hyd. But the facts are that she is earning salary equaling to mine and leaving in blr comfortably.

I filled all the proofs to show that she is working in Blr, the hearing occurred in Hon. S.C and now the petitioner(wife) has asked for a rejoinder. The case is postponed to 4 weeks now. Can you pl suggest what next i should be doing. Can i send a copy of the facts with a covering letter to the Judge in Hon. S.C and Honb Chief justice about possible miscarriage of justice if the case gets transferred?

Reply Follow

3 Replies

Jamai Of Law (propra) 16 January 2014

you applied for divorce in blr (and showed wife's addr as ????)

laterwards ........... yr wife also applied for ??? in hyd and in that petition also asked for alimony

Now wife gone to sc for transfer to get yr petition transferred to hyd.

if she is really working in blr .... then let transfer happen to hyd!!!!!

at least you would score the sympathy and also you wuold get ample time to prolong cases !!! (her convenience is achieved and now youwould be at disadv and hence court ought to be lenient in granting adjournments etc etc in cases.)

take it for granted that both petitions would be heard togther ... at any cost ... that is inevitable!!!!

else she wuold say "trasfer her petition to blr and give her conveyance for each hearing!!!!!"

This is the trap you shud know about!!!!

you can always say that ... I am ok if her inconvenience is looked at first ... but also do not ignore my inconvenience... please be considerate how I am taking pains to come to hyd each time only to make it comfortable to wife.!!!!!

Once that happens ONLY then injury is done to you (and then you legally have a good case to scream about and which is tenable also!!!!) and then disclose to court that she was in fact working in blr while applying for tran petition itself!!!.

thus she made a fool out of SC!!!!!!

and now facts are comming to fore that even before the time she applied for tran petition she wasnt house wife but earning person as well as not normally residing in hyd as stated in her TP before SC.

And thus trap her.

intention+ misrepresentation+injury caused 'due to previous two' amounts to fraud and then only it bcomes a good case in your favor.

just lose a small battle happily and then win a big war!!!!

vivek (worker) 17 January 2014

Thanks for the mail, but i do not agree on this. We should be hitting the nail on the first Go, if we keep waiting, then it will never happen. The SC will say that "What were u doing till now, without bringing facts out". I have gone through many cases where the jurisidiction was not challenged in the first place and they enter the case. If we can prove in the first place itself wrong, we can take case on pergury/ contemet of court cases against the petitioner.