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Wife filing false cases against husband, should husband bear

Page no : 3

(Guest)

NO, you and your parents will be arrested once 498A is filed....FOR SURE IF YOU DO NOT GET ANTICIPATORY BAIL...IF YOU HAVE LITTLE SUSPICION THEN GO FOR AB.

All these things, that you are saying will not be looked at at that point of time, only what is mentioned in he complaint will be looked at..no one will listen to you...what you are saying will be of no help...until the evidenCe of the wife when she will be questioned by your lawyer..that too after 2-3 years...

Once 498A is filed, you initially will be on the weaker side...

These things will help you in filing divorce, but will not save you from 498A,..PLEASE NOTE...

YOU CANNOT HOLD 498A, IF FILED, IT WILL MOVE AND CAN BE QUASHED IF THERE ARE NOT ENOUGH GROUNDS AND THE ALLEGATIONS DO NOT BRING HOME AN OFFENCE UNDER 498A OR IF BOTH OF YOU COME TO A COMPROMISE....ONLY BY THE HIGH COURT...SINCE THE OFFENCE IS NON-COMPOUNDABLE...

498A IS A CRIMINAL OFFENCE, AND YOU HAVE TO ATTEND THE COURT ON EVERY DATE. YES, YOU MAY PRAY FOR EXEMPTION IN THE COURT. ON EVERY HEARING DATE, YOUR LAWYER HAS TO FILE AN SMALL APPLICATION FOR YOUR EXEMPTION..

RANBIR

Shivaji Rao (worker)     18 November 2011

I agree ...I am going to file AB...no matter whether they file 498a or not.

After that fact, what cases can I put/file on wife, so that we can work on those cases first before 498a.

As wife ran away with her husband......

Shivaji Rao (worker)     18 November 2011

correction ..."As wife ran away with her boy friend......"


(Guest)

Get AB and file only for divorce..on the basis of cruelty..

For running away with you cannot charge her with adultry since adultry is only for MALES (read section 497 IPC) ...you can file adultry against her boyfriend..ONLY IF YOU HAVE PROOF..OF ADULTRY..

If you have proof, you can file divorce for adultry also ( Divorce laws are not known to me much, I have not filed divorce yet)..

Also, if she filed 125 CrPC for maintenance..you can counter it wtih 125(4) CrpC..that she left on he own with her boyfriend and does not deserve to get maintenance...

Read all the section mentioned above for you own understanding and clarity.

you can also visit, www.indiankanoon.com for judgements regarding these sections. it is like google. You can search judgements.

Ranbir

Shivaji Rao (worker)     18 November 2011

to prove adultery, I have the following

1. call records - frequently calling that person

2. wife talking about person/referring to that person all the time

3. web cam recorded...while wife chatting with husband and confirming about affair

4. wife's friends confirming about her affair

Shivaji Rao (worker)     18 November 2011

also could some one let me know how to present US bank statements, so that Indian courts can accept it?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011

Certified copies of any bank statement would be admissible.

 

As regards your queries on 498a, they are very raw, study more on www.498a.org

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

rajiv_lodha (zz)     19 November 2011

Originally posted by :ayush muliga
"
to prove adultery, I have the following

1. call records - frequently calling that person

2. wife talking about person/referring to that person all the time

3. web cam recorded...while wife chatting with husband and confirming about affair

4. wife's friends confirming about her affair
"

Dear Ayush!

These may not be enough to PROOVE ADULTERY IN THE EYES OF LAW.

Adultery is easy to allege but very difficult to prove, believe me. Its a double edged sword too. Her paramour may nail u with DEFAMATION if smart enough!

Shivaji Rao (worker)     20 November 2011

is there any agreement which can be made between son and parents saying "all future earnings of son should go to parents"?

I am asking this to avoid paying wife any amount now or future. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2011

No such agreement is possible.

 

It would be to avoid the discharge of legal dues and hence not enforceeable.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shivaji Rao (worker)     20 November 2011

if not agreement, how about signing checks in favour of parents with post dates and amount which is equivalent to my salary (and/or making an agreement saying it is for parents maintenance)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2011

Cheques for discharge of what debt?

 

You can not enrich one party, when the other is under severe strain in familt ties.

 

There are legal means which you can adopt to lower the maintenance.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Shivaji Rao (worker)     21 November 2011

Is it legal to have a private investigator to look into whereabouts of wife? wife openly says/confirms about the affair.

rajiv_lodha (zz)     21 November 2011

Yes dude, u can take some pvt. detective agency's help 4 the same.

Its legal!

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 November 2011

Yes, it is legal.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

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