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PKD (govt)     24 August 2013

497 ipc (adultery) against my wife's brother

hi sir,

1. i am major P K and my wife has filed 498A,406, 506IPC case against me and my family after i caught her illicit relationship with her own cousin brother even after my marriage.

2. We moved for mutual divorce but after a week she filed 498 on me. and also maintenance under sec 125 crpc and DV act also. After six months she has denied mutual divorce in second motion but in first motion she has accepted that she has received all her istridhan and articles back and also gave an agreement for the same.

3. I have her confession recordings, her handwritten guilt notes, call details as recovered by police, her cousin brother wife's confession call recording and one gmail chat between them.

4. police has cancelled the 498Aand all other charges against me after going through these evidences and  her statement of mutual divorce. and are submitting the cancellation in court , in the mean while i got AB from high court.

5. I want to file a private complain against her brother under sec 497 IPC but i have heard that it takes a lot of time to file and prove private complain. pl suggest me what should be my course of action. What else i can do to avoid maintenace and also get divorce earlier.

regards,

Major P K



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 2 Replies

Tajobsindia (Senior Partner )     25 August 2013

First a shocker whichever way you may take it;

1. Highest Court once said, that an wife committing adultery is not entailed for 'alimony' and later on;

2. Revised its earlier stand and said she is entitled for ‘alimony’ under quasi - criminal (S. 125 CrPC) as well as under pure Civil laws (HAMA).


Now your query remedies are as follows;

A. Suggested to file case of divorce under S. 13 (1) (i) (ia) HMA where in wife is made respondent 1 and in every petition presented by a husband for the dissolution of his marriage on the grounds of adultery the petitioner shall make the alleged adulterers co-respondents (R2 is wife’s cousin brother) in the suits, unless the Court shall otherwise direct.

B. Also shoot immediately an Legal Notice via your advocate on his letter head under his Bar stamp / signature to Telecom Service Provider stating that you (as his client) is;

XXX
"filing some civil as well as criminal suits before the appropriate court of law and there is an requirement of CDR  and Complete Call details to establishing some facts over there.

You are therefore by way of this notice directed to preserve and provide in paper as well as on Compact Disk or by other suitable electronic means, the certified/duly attested copies of complete Call Details Records including all regular details and specifically including types of Calls viz. Voice Call/SMS, Missed calls as well, duration showing location in one cell/cell tower, as  available in your system in regard to  all the calls originated and received from mobile no. xxxxxxxx for the period starting from xxxxx and xxxxx along with its interpretation details in terms of location of the mobile tower within which that origin and reception of the calls taken place during the mentioned period.

It is also requested that the aforementioned details be protected, sealed, stored and preserved in a safe and suitable manner with the complete details of the competent personal/official or other such designation who can be approached, till further notice for producing the same before the Court of Law upon its direction.

It is further brought to your notice that failing in complying with the request made vide this notice may be presumed as efforts of obstructing and denying the Right to Fair Justice to my client and may compel to initiate all such civil and criminal proceedings including damage suits against you before the appropriate Court of Law."

Here annex her S. 498a complaint / fir copy etc.

 

3. The moment you do all the above fresh divorce suit matter will be put on fast track mode and meanwhile hold your horses on opening paras 1 or 2. 

PKD (govt)     29 August 2013

dear Tajobsindia and other esteem members,

1.thanks for your reply. i have sent a legal notice to mobile companies for CDR preservation. I hve also written to SP to preseve the CDR recovered during investigation of my case.

2. I have filed a 497 private complain in the court and I have been given a next date for evidences.

3. I have following queries :

   a.  I have heard that it takes a lot of time before summons are issues in 497 private complain. Pl tell me how much does it take generally and how can i fasten the process

b.  can i call my wife's bhabhi (her adulterer borther's wife) as witness during evidence. I have all her audio recordigns in which  she has told me about their consentual  s*xual relation.

c. police has not yet submitted the cancellation report in court and will do it in next 2 weeks. pl tell me how much chances are there that court will accept the cancellation report and if not what should be my course of action.


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