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sirish kumar (others)     26 October 2015

Admissions in divorce case and effect in 498a

hi1 filed divorce within 3 months of marriage.I admitted in divorce case filed by me that v used to have some rifts between me and my wife and i left her alone and went away to my parents without informing her. i filed divorce within 3 months to marriage alleging CRUELTY AND MENTAL DISORDER on part of my wife. 

but it got dismissed and instead judge wrote in judgment that i harrased her. i appealed to high court. apeal pending.

Now i want to know

1) Whether my wife can prove admissions made by me in divorce case in her 498a?  My lawyer told she cannot use them as there is no provision in evidence act,(he said something like man alive so no admission prove donly dead person can be proved)  but one lawyer told me that she can use them as it is relevant to the case. 

2) Can she give  judgment copy as evidence and show that i tortured her?  My lawyer is saying that it is useless as appeal is pending in higher court and she cannot do it.

 please reply.....

 

 



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 3 Replies

adv.raghavan (Advocate,9444674980)     29 October 2015

1, Yes, the judgement can be used in criminal case to some extent, and no court will come to a conclusion based on this judgement alone. The said judgement can be accomadative one.

2,His( lawyer) statement is correct,when appeal in pending, there is no point in using the said judgement as piece of evidence to substantiate her claim, until the appeal gets disposed off..

Sudhir Kumar, Advocate (Advocate)     31 October 2015

repeated https://www.lawyersclubindia.com/forum/Admissions-divorce-498a-128834.asp#.VjS2dW7K2xk

T. Kalaiselvan, Advocate (Advocate)     01 November 2015

You have repeated the same question in another thread too, for knowing more answers to your repeated query  you may visit that thread too. 


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