Is this a relevant defence
Prakash
(Querist) 07 May 2014
This query is : Resolved
Ld Counsels,
Wife filed a case of cheating and adultery against husband, husband found out about the extra marital relationship of wife, can husband take the defence that wife maliciously charged the husband only to hide her extra marital relationship and get rid of him, can accused husband prove the extra marital relationship of wife as a defence to prove his innocence.
Will this defence be valid? Thanks in advance.
Devajyoti Barman
(Expert) 07 May 2014
In criminal case prosecution has to prove its case. You need to put up any defence case.
Dr J C Vashista
(Expert) 07 May 2014
Let the husband may collect proof/ evidences of adultary of wife and file counter case.
A great and time tested military saying "Counter attack is the best defence."
malipeddi jaggarao
(Expert) 07 May 2014
You are not person to prove your own case. It is the criminal case, the petitioner has to prove the charge. In your defence, you can take a stand if you can prove that wife is engaged in extra marital relations, only if they have weak evidence. If they have strong evidence to prove adultery against the husband, it is immaterial whether wife is engaged in extra marital relation. In such case both of committed offence.
ajay sethi
(Expert) 07 May 2014
agree with experts
P. Venu
(Expert) 07 May 2014
A woman cannot allege'adultery' against her husband!
V R SHROFF
(Expert) 07 May 2014
extra marital relationship is v good defence.
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
Defence about extra marital relationship of wife can be taken during the trial. In fact such suggestions may be shot at during the cross examination of the wife while she is letting out her evidence.
