adultery
rekha
(Querist) 12 October 2017
This query is : Resolved
My husband is added as respondent no 2 by his friend in his divorce case.his friend is claiming that my husband has committed an adultery with his wife.we have submitted a application in high court for quashing my husband's name from his friends divorce petition.
his friend has installed a spy software in his wife mobile phone and recorded some conversation of my husband and his wife.pl suggest what to do
Ms.Usha Kapoor
(Expert) 13 October 2017
IF that friend fails to prove beyond reasonable doubt your husband's adultery with his wife and the conversation recorded is through spying software is not clear and vague your husband's name maybe quashed in his friend's divorce petition. Otherwise law takes its own course as its arms are long.
Advocate Bhartesh goyal
(Expert) 13 October 2017
At this stage High Court would not pass any order regarding quashment of your husband's name,it is matter of evidence so until and unless trial is not completed your husband name will not quashed.
Vijay Raj Mahajan
(Expert) 13 October 2017
Your husband has been made respondent no.2 for divorce petition on the ground of adultery of the wife. If there is clear mention of act of adultery between the wife and your husband, then it was required to make him part of the proceedings.
His denial of the adultery with wife of the petitioner will bring the onus to prove adultery entirely on the petitioner.
The video recording being used too have to be proved as genuine with forensic certification.
The entire evidence will be taken in account by trail court before deciding the divorce petition.
As far quashing or removing name as co-respondent by High Court is concerned that will not be possible as the trail court is supposed to check the entire evidence including your husband's reply to the charges of adultery made by the petitioner to decide veracity of such allegation by the petitioner on your husband and his own wife.
P. Venu
(Expert) 13 October 2017
Your husband is only the respondent in the divorce proceedings, not the accused in a criminal proceeding for adultery. The question whether he is a necessary party depends upon the pleadings in the Petition. No one can be made a respondent in a divorce proceedings based on surmises and suspicions.
It is unnecessary you have rushed to the High Court. In the first instance, an application could have been moved in the trial court.
Rajendra K Goyal
(Expert) 13 October 2017
If any charge is against your husband, he should defend himself with the help of experienced lawyer.
In the given facts agree with the expert Vijay Raj Mahajan.
Dr J C Vashista
(Expert) 18 October 2017
I endorse expert's opinion and advise.
It is not understood how and on what basis your husband has been impleaded as respondent No 2 in a "divorce case between his friend and friend's wife"?? What is the relevance of impleading your husband as Respondent No 2? Has the application for impleading your husband as Respondent No 2 in the case been accepted by High Court?
Which High Court took over trail in a "divorce case"? Next to possible, unbelievable statement.
What is the reaction, opinion and advise of your/your husband's lawyer qua this application or final impleadment of your husband in a "divorce case" before (X, Y or Z) High Court, if your statement may be taken as true?
