Adultry

Rajesh Tandon (Querist) 12 September 2013 This query is : Resolved
1. Mrs A got married to Mr B. A and B were having marital discord and A applied for maintenance application under section 125 CRPC. The application was rejected By Chief Judicial Magistrate on the grounds of adultery of Mrs A with Mr C. On interaction with Mrs A, it was learnt that Mr B implicated her by showing her involvement with Mr C. To the extent that Mrs A told the CJM that she accepted certain love letters written by Mrs A to Mr C to be in her own handwriting but at the same time she told CJM that her father in law forced her to write such letters and CJM somehow held that this statement of any father-in-law forcing her daughter-in-law to write such letters is unbelievable. Further it was held by court that she did not inform her husband about the abortion done in his absence. Her husband being Army jawan was posted on duty elsewhere in field. The court held that this further corroborates her involvement in act of adultery. In fact, her husband visited her almost 10 weeks prior to when her 10 weeks pregnancy was aborted and the possibility that she had a child from her husband cannot be ruled out as against what has been held by the court that possibly she had the child from Mr C. She claims that she doesn't remember any the Magistrate explaining to the her while making a statement that she is not bound to make a confession, and that if she does so it may be used in evidence against him as per section 164 CRPC raising the doubt as to if full procedure of section 164 CRPC was followed for recording her confession. In fact what she claims is that under the threat ,her husband got the blank affidavit signed from her when she was at the house and subsequently produce it in the court as having accepted the affair with Mr C written on the affidavit. Of course she did not bring out this aspect in the court. Now the woman wants to challenge this decision, because of certain missing links as discussed above ,which the court & prosecution possibly have not taken into account for corroborating the evidence thoroughly which has probably lead to miscarriage of justice. Moreover, the whole case is based on Mrs D vs MR A, wherein Mrs A has been shown as Mrs D since as per the School certificate she'll actually A but in this case it is D Vs A, [maybe because the case was built on the name by which she is called in her marital home( i.e in-laws house as Mrs D)].
(i) Please advice as to if the whole proceedings can be quashed on the ground that she is actually Mrs A, not Mrs D the name by which she has been referred to in the court case D Vs A.

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ajay sethi (Expert) 12 September 2013
it is necessary to go through the impugned order , complaint filed , statements recorded to advise

Guest (Expert) 12 September 2013
Repeated same query as already available at the link:
http://www.lawyersclubindia.com/experts/Adultry-422351.asp

However, I endorse the views of Shri Ajay Sethi.

R.K Nanda (Expert) 12 September 2013
repeated query.

prabhakar singh (Expert) 12 September 2013
no hope of quash

Rajesh Tandon (Querist) 12 September 2013
Thx to all of you. But can somebody tell me that since there is no hope of quashing, what is the legal position if case is decided with different name than what is the actual name. is this legally tenable/sustainable?