Facts and Details changed in Divorce petition & Income and Assets Affidavit
5 years ago
Dear Sir,
My wife filed a Divorce petition in August 2016 with fake allegations and details in Income and Assets affidavit which we challange in the Hon'ble court of ACMM criminal court u/s 182 instead of the family court in Sept. 2016.
My wife withdrawn the petition in Dec. 2016 with liberty to file proper petition.
Now in April 2018 our complaint case u/s 182 also withdrawn with "liberty to file in proper court if adviced and as per law".
Q Can we have any remedy as when we filed the complaint case in wrong court, that time the Divorce petition was active but now at this point of time both petitions have been withdrawn but we have the liberty to file again in proper court if adviced.
Q My wife filed a fresh petitions with added new allegations and she deleted some allegations which were there in the withdrawn petition. (Is it permit by law)
Q She also changes the facts of Income and Assets affidavit from the withdrawal affidavit to the new affidavit. (Is it permit by law)
Q In new Income and Assets affidavit, again she did not disclosed the savings account in which she is having a clear balance of more than 2,60,000/- but she admits in written that she is having the account in daughter's name for her education and training purposes.( Is this comes under section 340 for concealment of fact?)
Please suggest/advice on the maintainability of the New Divorce petition on the above grounds.
Thanks and Regards,
My answers are as follows:
Q Can we have any remedy as when we filed the complaint case in wrong court, that time the Divorce petition was active but now at this point of time both petitions have been withdrawn but we have the liberty to file again in proper court if adviced.
Ans: Yes, you can file since you have reserved your right to file fresh petition before appropriate forum.
Q My wife filed a fresh petitions with added new allegations and she deleted some allegations which were there in the withdrawn petition. (Is it permit by law)
Ans: It is actually not permissible, so you file objections saying that the added new allegations are to be deleted failing which entire petition filed by her to be dismissed.
Q She also changes the facts of Income and Assets affidavit from the withdrawal affidavit to the new affidavit. (Is it permit by law)
Ans: Same rule applies.
Q In new Income and Assets affidavit, again she did not disclosed the savings account in which she is having a clear balance of more than 2,60,000/- but she admits in written that she is having the account in daughter's name for her education and training purposes.( Is this comes under section 340 for concealment of fact?)
Ans: Same rule applies.
Anonymous
Replied 5 years ago
Thanks a lot sir.
Will be obliged if u please reply to next queries i.e. 2 Q onwards.
Regards
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