Adultry, cheating


Dear Sir,

I need suggestion in my case, i am from baroda gujarat, I got married in 2nd may 2014 and my My Wife left me after 2 months and filed all sort of cases 498a, DV and Maintenence in 2014, because i came to know that she was married earlier (which she has hidden from us) have caught her talking with her boyfriends, I am fighting hard and trying to prove my innocence..

Now i came to know that she is in live-in relationship and 2.5 months pregnent..

i want to know what kind of cases can i file on her and hat kind of legal action can i take against her and her family.

 

Thanks

Jeetendra

 
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LEGAL CONSULTANT

Married earlier/has she obtained divorce? If U can prove that she has been living separately from U since July 2014,U can file for adultery/bigamy,and enlighten her pregnancy.What is the status of 498A,DV and Maintenance?

 
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Dear Sir Thanks for Reply, She was married earlier. but her family has hidden those details from us. I came to know this after marriage, when i caught her talking long hours over phone, she did all drama and asked me to leave her to her home for rakshabandhan. on 1st august we went by flight to baroda.. there she called her brother as per her plan and left my house and than filed 498a, DV and maintenance. Now she is staying with some third guy in mumbai and is 2 month pregnant. the dates of cases are going on, she has not submited any doccumentary profs in court for maintenence and DV, only the FIR copy of 498a. How can we prove is she is live-in relation, she will always deny but i am sure she is living with someone through her relation and pregnant.

 
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LEGAL CONSULTANT

U have 2 cases on hand to be filed against her.(1) Supressing her earlier marriage and marrying U without officially getting divorce from her original husband.If she is not officially divorced from her husband then UR marriage with her is null and void.(2 Once UR marriage is not valid according to Marriage Acts in India,UR association with her amounts only to live in relationship.Hence U cannot file a case against her u/s 497 IPC for Adultery.I personally feel U R at cross road,unable to choose which way to proceed.

This is my opinion and also wait till the other legal experts respond.

 
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Lawyer

Very well advised by expert Mr. Sainath Devalla, I appreciate and agree.

You will have to collect evidences to the effect that she was already married, now pregnant and has extra marital affair.

Get your marriage annulled.

Seek the services, help and advise of your lawyer who is fully aware about the facts and law and proceed as advised.


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Scientist/Engineer

If she was legally married to another person before she married you, then your marriage to her was ab initio null and void. If you lived under same roof at any time it was due to her making you falsely believe that she was your wife. Under such circumstances she cannot file cases against you under 498A or DV Act. She was a trespasser into your house. A trespasser cannot claim the benefits under 498A. In order to make a claim under any of the gender acts she should have had a valid right to live with you. She did not have that. Her rights were obtained through falsehood.

 
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Scientist/Engineer

Kalidasa said

स्त्रीणामशिक्षित पटुत्वममानुषीषु

 सम्दॄश्यते किमुतया प्रतिबोधवद्य

The untaught cleverness of women to cheat can be seen even among animals. Then what to say of their human counterparts who have the ability to think and scheme?

 
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LEGAL CONSULTANT

498A and DV can be filed by a woman even if she is in live in relationship.

 
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Probaly she wants heavy alimony stay alert record everything through call recordet n hidden camera
 
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Scientist/Engineer

Laws do not say everything explicitly. If the live-in-relationship is achieved through suppression of facts and flasehood such a person cannot claim the benefits of 498A and DV Act. A female trespasser cannot claim any benefits. Law will not say that. That is why courts are there.

 
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