Need Advise (def) 29 January 2016

Ws amendment

My wife filed petition for divorce and I filed a WS after a delay which got granted. Opposite party filed rejoinder. Now, I see inaccuracies in my WS where specific denials are not therere and submissions have not been adequately made. Also, there are typological errors such as errors in dates. So, my lawyer suggested me to go with amendment in ws. Now i see, all there are too many in numbers around 50. My lawyer says so many amendments may be rejected and count should be brought down drastically.

Some queries for the learned members..

1) Some paras there is no mention of date, time or place of the alleged incidents of cruelty is mentioned - I had denied the para in toto and stated that they are based on false and fabricated facts. Do I need to deny it specifically in the amended ws. Or it is not required as specific date or place is not mentioned.

2) There are sub-sections in a para which I have mentioned that this part is denied since it is fabricated but not specifically denied exactly what has been alleged.

3) Specific allegations is put in para A.. say respondent scolded me and said so and so on such date. I have not made the denial there but denied in a more general way in para B that I had never scolded petitioner. Can para B be referred in argument of para A.

3) If allegation is spercific, can a general denial work.. say allegation is respondent beat petitioner and scolded so and so and stared at her.. Will it be sufficient to say in the reply to the para.., respondent never beat petitioner and never harassed her.

I am asking this because my lawyer is saying that we should have minimal changes in our amendment. I had around 50 changes including typological errors, new and amended submissions, new and amended denials.

Thanks, in advance.

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3 Replies

Vijay Raj Mahajan (Advocate) 29 January 2016

General specific denial of all allegations of cruelty, harassment etc. is good enough, no amendment required. Rule is the things not specifically denied are said to have been admitted based on this rule you are safe if you have specifically denied committed act of cruelty and harassment as alleged by your wife in each and every Para.

Typographic mistakes can be amended if that relates to specific date or event relied upon by the parties.

The onus to prove the acts of cruelty is on the petitioner which is your wife, if you deny all her allegations it shall be her evidence with regard to her allegations which court will check along with your evidence showing that her allegations are wrongly stated in her petition, so prepare evidence with regard to her false allegations, e.g. if she state you ignored her and never took her out for recreation etc., place on record the photographs and videos showing where she was enjoying recreation trips with you, this will falsify her allegation in this regard and rather prove no cruelty committed by you.

Need Advise (def) 29 January 2016

Thanks for your response sir. But what is your opinion on the following..

1) Some paras of petition there is no mention of date, time or place of the alleged incidents of cruelty is mentioned - I had denied the para in toto and stated that they are based on false and fabricated facts. Do I need to deny it specifically in the amended ws. Or it is not required as specific date or place is not mentioned.

3) An allegations is put in para A. of petition. say respondent scolded me and said so and so on such date. I have not made the denial there but denied in a more general way in para B of ws that I had never scolded petitioner. Can para B be referred in argument of para A.

Thanks in advance..