Dev (IT Professional) 18 June 2014

Appearing in family court

Hi!

I have to appear in a family court in Rajasthan. The case is of 498a. I want to know:

[1] Do I have to put off my hat / cap when I am in the court before the judge?

[2] Can't I interrupt when the opposite party is telling lies?

[3] Can't I use words such as "cheap", "b*st*rd", "crazy", "animals", "devils" for the opposite party members?

[4] Can't I Ask the Judge to Order the opposite party to show evidences?

[5] Can I ask the Judge to ask the opposite party members to appear one by one to answer my questions so that the differences in their statements can be recorded / noted down by the Judge? [I am sure. If I ask a few questions to my wife and her family members separately in the court then there will be contradiction in their own statements. I want the Judge to know and see this contradiction.]

[6] If any contradiction in the statements of my wife and her family members is found and presented before the judge then can the Judge declare their case / petition as null and void?

[7] If my wife has been found by me to be involved in prostitution, can I use the phrase "She is a Prostitute!" for her in the court before the Judge?

[8] I have found my wife sleeping with my uncle in my home while I was away. I am the only eye witness and evidence of it. How do I prove it before the Judge? What if they only had oral s*x? How do I prove it? I don't have any photo or video of such act of theirs.

[9] Can I gain anything out of telling the judge that my wife and her family members demanded me not to have any contact with my parents and family members and not to give them any money? That when I rejected to follow them, they filed the 498a.

[10] I filed an RCR in June, 2013 in New Delhi. (We were living here in New Delhi for a month after marriage and then she left and did not come back.) They filed 498a in Feb., 2014. I was put behind the bars for 12 days. My wife gave statements such as that I had her naked video and photos and had threatened her of uploading them to Internet and that she would commit suicide. The judge had rejected my bail while I was in the judicial custody. I got my bail from the High Court, Jodhpur. The case was in my hometown which is Bhilwara, Rajasthan. My wife and her family members and also my uncles who are the mail culprits and got me married to that girl just for money and I did not know this before... they all have been ruining my life and have caused me and my family members severe mental disturbance and damage to social image. How do I go about saving my self from this cruelty? How do I fight against the Judge's own decision of putting me behind the bars even if I was not proven guilty of any crime? How do I go about convincing the Judge that they did it all just as a reaction to my RCR and that I had witnessed my wife's unholy acts with my uncle?

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2 Replies

Laxmi Kant Joshi (Advocate ) 18 June 2014

you can not use abusive language in the court , you cannot order the judge to pass any comments to other party , you are blaming that your wife is indulging in illicit relationship , you may be right but you know it very well whatever allegation you impose on anyone you must have the proof with you to prove that otherwise it will go against you therefore by saying / allegating anyone collect proof to prove them , you have filed rcr why ? as you said above that she is a prostitute and having affair/ s*xual relationship with your uncle then why didn't you file divorce in the family court , what is the use to bring back such lady which have ruined your life .

Dev (IT Professional) 18 June 2014

Hi Mr. Joshi!

Earlier I was not aware of her and my uncle's relation. I came to know that later. So I had filed an RCR after seeing that she had not come back. She came back after 10 months with my uncle. My uncle came there and started living with us without my will saying that her father wanted him to stay with us for some time. She was already not allowing me physical relationship with her ever. My uncle this time made sure that we could not be together at all. One day I saw them doing bad things and I shouted at them. They went off and filed the dowry case against me.

Now I have the order of publication from the family court here. So I am going to carry out the court's order. (Talking about the RCR). They never appeared in the hearing nor did they accept the notices / summons. My uncle while he was here. forced me several times to withdraw my RCR but I said that I wanted my wife to appear in the court and give her statement that she wanted to live with me and I could feel free to withdraw the case but my uncle had already made plans with her father. My uncle is a retired police officer so he knows all the tricks.

In her complaint she has written that I have illicit relationships with many women and I am of "taamsi" pravarti and eat non-veg and drink. I am a pure vegetarian and I never smoke or drink. Wives have all the rights of throwing mud on husbands without any proof? They can say anything and the court will go with them and put husbands behind the bars without any evidence and proof from such wives?