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KNK A Learner (Learning to share)     09 December 2010

Can Wife Prosecuted under Law of Torts

If wife is threatening with False Case which may eventually leads to filing Divorce. Can she be Penalized by Law of Torts for Negligence and Consortium.



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 9 Replies

Arup (UNEMPLOYED)     09 December 2010

WHY NOT?

 

YES.

 

BUT YOUR CASE AS YOU SAID PERHAPS WILL NOT COME UNDER THE LAW OF TROTS.

1 Like

Arup (UNEMPLOYED)     09 December 2010

A WIFE IS A PERSON AND COME UNDER THE ALL CRIMINAL ACTS LIKE IPC, CRPC, ETC.

BY PROVIDING 498A, DV, DOWRY ACT ETC, THE PERLIAMENT CREATED A CONFUSION THAT ALL PENAL LAWS ARE FOR MEN AND NOT WOMEN. BUT THIS IMPRESSION IS WRONG.

1 Like

Arup (UNEMPLOYED)     09 December 2010

DO FIR FIRST.

1 Like

KNK A Learner (Learning to share)     09 December 2010

How to get the damages from her because of her acts. Suppose, Damages for consortium, Damages for mental pressure, shock and impact of her threatening on my job and Visa


(Guest)

issue a legal notice and file a suit for damages against your wife.

1 Like

KNK A Learner (Learning to share)     09 December 2010

Ganeshan,


Can you please be more specific in issuing the legal notice, what charges should i frame under which sections and types of damages and the limitation period for filing.

N.K.Assumi (Advocate)     09 December 2010

The Minnesota Court of Appeals recently ruled that a man could sue his wife after their divorce for fraud and infliction of emotional distress, when he discovered that two children born during their marriage were not his. The appellate court stated that even though the man may have brought his claims as a part of the divorce, he was NOT prevented from later raising the claims if the divorce settlement does not include a broad release including interspousal torts. In his case which is entitled G.A.W., III vs. D.M.W.,husband is pursuing reimbursement for out-of-pocket expenses and emotional distress caused by the wife's claims that the children born during the marriage were his biological children.

2 Like

Arup (UNEMPLOYED)     09 December 2010

assumi ji, please put the above matter as a seperate thread.

it covered a very important spousal relationship.

1 Like

Uma parameswaran (lawyer)     09 December 2010

yes.

1 Like

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