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quick (acc)     03 June 2015

Allegation of adultery on wife

Dear Expets,

Does suspecting fidelity of wife, if it is proved amounts to cruelty of 498a IPC on part of husband, there is an admission by husband of wifes illegal intimacy allegation which has not proved,

Kindly reply



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 19 Replies

saravanan s (legal advisor)     03 June 2015

yes that amounts to cruelty u/s 498a ipc for such an act by the husband might drive the wife to thoughts of suicide.if husband is falsely alleging such things then naturally by this time he would have committed all acts of cruelty.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

In addition to MR.Saravanan, suspicion does not have a place in law,only valid evidences count.

saravanan s (legal advisor)     03 June 2015

yes mr sainath devalla is right.so try to collect enough proofs

Sudhir Kumar, Advocate (Advocate)     04 June 2015

query without facts. 

quick (acc)     06 June 2015

Sir,

wife did not mention in her FIR Complaint nor in the 161 statements about suspicion of fidelity by husband that an\mounted cruelty to her, but where as the judge framed charges that husban supected fidelity of wife so u/s 498a IPC,

QUERY IS  when wife has not herself comp-lained to the police herself regard suspicion of fidelity by husband and even police has not mentioned in their chargesheet in that way, can judge take herself into consideration the allegation and charge

quick (acc)     06 June 2015

IS there any option for me to go for quash on these grounds

can simple wordings that all the accused beat with hands now and then attracts 324 IPC

SAINATH DEVALLA (LEGAL CONSULTANT)     06 June 2015

U R wrong in UR interpretation,why would the judge frame the charges? 

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     07 June 2015

Did u say in court that you suspect adultery bu your wife?

Does the judge has audio recording of what you said in court?

Do u feel judge is biased?

Has he done any other substantial wrong to you?

WORK YOURSELF ON ALL THESE QUESTIONS BECAUSE YOU WANT TO CHALLENGE A JUDGE SO PREPARE ENOUGH WITH VALID GROUNDS

SAINATH DEVALLA (LEGAL CONSULTANT)     07 June 2015

What the querist has revealed till now is not correct,he has not come out withthe actual facts.

Sudhir Kumar, Advocate (Advocate)     07 June 2015

You have stated no problem so far.

quick (acc)     08 June 2015

Dear Sainath sir,

The facts are,

I filed a divorce petition in family court on the grounds desertion and cruelty, in the petition i alleged illegal intimacy of my wife with another, in the cross examination also i admiited the illegal intimacy of my wife with another without proper proofs, after filing of my divorce petition in a 10 days gap my wife filed 498a IPC and 3&4 dp act, that iam having illegal intimacy with another lady and my family supported me and we all harassed her physically and mentally for want of more money if not fulfiling will perform a second marriage with the said lady,

A2 to A4 approached HC for quash after filing of the chargesheet and cognizence, the HC directed the petitioners to approach the trail court for discharge, and all the A2 to A4 made a discharge petition,

in the divorce petition my wifes cross examination she admitted that she didnot know were the accused A2 to A4 staying and never went to there house at any point of time, taking this evidence igave the copy to my lawer who is preparing the discharge to file this in court and my lawer without any argument he closed the argument stage and he did not even filed the copy which we gave nor he did not argue on this with the judge, judge relying on the prosecution evidence dismissed the discharge

the same day i filed for OUT OF ORDER petition for order copy with the same lawwer and the court gave us after 12 days, though we requested the judge that we went for revision she did not care for and examined us on section 239 crpc after examination in 4 days time we got stay in th revision court

the complainant never complained about my suspecting her fidelity to the police in her complaint, 

suspecting of fidelity came from the divorce petition and she admitted in her cross examination that she is ready to live with the husband, even at that stage

nowhere in the complaint she gave a proper time, place and date of harassment,

the judge framed the charges that

FIRSTLY : you the A1 SUSPECTED HER FIDELITY, DEMANDED HER MORE MONEY AND NECKED OUT OF THE HOUSE SO UR CHARGED U/S 498A IPC,

FINALLY ALL THE A1 TO A4 BEAT LW1 SO UR CHARGED U/S 324 IPC

These are the facts of my case sir, lawers are playing with me like any thing, i request an advice from the experts

 

quick (acc)     08 June 2015

Dear Sudhir sir,

The facts are,

I filed a divorce petition in family court on the grounds desertion and cruelty, in the petition i alleged illegal intimacy of my wife with another, in the cross examination also i admiited the illegal intimacy of my wife with another without proper proofs, after filing of my divorce petition in a 10 days gap my wife filed 498a IPC and 3&4 dp act, that iam having illegal intimacy with another lady and my family supported me and we all harassed her physically and mentally for want of more money if not fulfiling will perform a second marriage with the said lady,

A2 to A4 approached HC for quash after filing of the chargesheet and cognizence, the HC directed the petitioners to approach the trail court for discharge, and all the A2 to A4 made a discharge petition,

in the divorce petition my wifes cross examination she admitted that she didnot know were the accused A2 to A4 staying and never went to there house at any point of time, taking this evidence igave the copy to my lawer who is preparing the discharge to file this in court and my lawer without any argument he closed the argument stage and he did not even filed the copy which we gave nor he did not argue on this with the judge, judge relying on the prosecution evidence dismissed the discharge

the same day i filed for OUT OF ORDER petition for order copy with the same lawwer and the court gave us after 12 days, though we requested the judge that we went for revision she did not care for and examined us on section 239 crpc after examination in 4 days time we got stay in th revision court

the complainant never complained about my suspecting her fidelity to the police in her complaint, 

suspecting of fidelity came from the divorce petition and she admitted in her cross examination that she is ready to live with the husband, even at that stage

nowhere in the complaint she gave a proper time, place and date of harassment,

the judge framed the charges that

FIRSTLY : you the A1 SUSPECTED HER FIDELITY, DEMANDED HER MORE MONEY AND NECKED OUT OF THE HOUSE SO UR CHARGED U/S 498A IPC,

FINALLY ALL THE A1 TO A4 BEAT LW1 SO UR CHARGED U/S 324 IPC

These are the facts of my case sir, lawers are playing with me like any thing, i request an advice from the experts

SAINATH DEVALLA (LEGAL CONSULTANT)     08 June 2015

Why did UR lawyer not present the discharge petition properly and why didn't he argue on UR behalf? U just alleged fidelity  on the part of UR wife without eivdences.( I presume it was just an allegation)

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     08 June 2015

dear QUICK, i also assume from your writings as said by sainath. were u able to adduce evidences wrt fidelity or was it just treated as a wild allegation by JUDGE?


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