LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

venkatramana   15 April 2015

Adultary by wife

Hi Team

I got married on 2-2-2014 to a girl from my relations per hindu rites and customs.

She was a student at the time of marriage doing second year in Bsc.

She stayed with me for only 10 days in total. She used to say to have intercourse I need to give her a house and my farm lands.

She left for hostel within 2 weeks to give exams and never returned till date.

After doing a enquiry from the relatives, friends and her college mates, I came to know she is having an affair with a guy in her college.

I initially wanted to file Adultary case - IPC 497 on her based on evidence and facts. But the lawyers in my town said it is of no use as the laws are favouring women and will not get justice.

Now her college is over, she is at her home with parents and planning a secret marriage soon.

I want to punish her for bringing defame to my family and ruining my image.

I have spent nearly 8 lacks on marriage and 8 lacks on gold jewellery which is with her.

To better fight with her legally, I have joined a llb course as well as I'm not convinced with the lawyers support in my town.

Please advice.

If I wait for her to marry her boyfriend and then file a case under bigamy.. will it be strong enough to punish her. Please help me.

Thanking you.

 



Learning

 44 Replies

498_final stage (Professional)     15 April 2015

Hi Venkat,


Sorry to hear that. But before attacking think about your defence. Think what if she files a false dowry harrassement case on you and your family then what would you do?

So first you lay a strong foundation on your defence and file a Section 9 case and bring to the attention of the law that your wife is no more living with you.

Once you have established that, then you file (make sure you have very strong evidences) aultry etc.

It is always a great idea to know law but pursuing it as a career, I cant say if I support it.

 

 

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 April 2015

It's really disheartening for a wife to share her thoughts and feelings with her mate and then realize that he didn't actually listen to her. Your wife wants you to not only listen with your ears, but to listen with your heart. Believeness each other is more important. Tell her to forget all past. Begin with new life with your wife. 

SAINATH DEVALLA (LEGAL CONSULTANT)     15 April 2015

Mr.Venkata Ramana, was it a love marriage or an arranged one? U have to prove that she has an affair with concrete evidences. 

N R Dash.. (Advocate)     15 April 2015

File rcr without any further delay. Frame it keeping in mind your future moves so that u do not contradict in future. Collect n keep all evidences with you for future use.

sandykrish (Interested in Family LAW)     15 April 2015

Don't do the mistake of sending RCR, it may backfire you at some point. Send a private notice via advocate and document her move. Collect evidences and move the court for appropriate remedy. Once the girl has the tendency of this soughts they will never change. You know your wife better than anybody else here. Take the best decision in the interest of both the career.

kumarkumar (business)     15 April 2015

I am not a lawyer but from what I know I can tell you as a well wisher, first collect as much evidence possible against her may be audio/video/paper evidences, phone call records, try to collect information whether she had s*xual intercourse with her  boy friend. 

              If she is trying to get married with some allow it to happen and with some source collect this evidence, this evidence would be enough to put her in jail for 7 years, this is a better revenge then trying to stop the marriage, what is the use of staying with a women who doest not respect the marriage and traditions and customs, nowadays even a dog cannot be forced to stay in the house, so dont force her to stay with you, nowadays they are laws which favor women a lot , fighting those false cases should not be your headache.

                        Moreover from what you said she is money minded and these kind of girls would destroy families, i am very sorry for you, but dont worry, you have known her true colours before it is too late.

CompelledToLearnLaw (Financial Examiner)     15 April 2015

If she has a boyfriend she wants to marry, and her parents agree too, then what can u possibly gain from being associated with these people via litigation or otherwise? 

 

Contrary to the lethal advice given above, DO NOT FILE RCR, do not send her any notice, and do not move the Court against her. I have a question for the learned members who r suggesting the author to file RCR: let’s pretend I send summons to my relative for a civil case: what will be my relative’s next step? Wouldn’t my relative run to a lawyer to show him/her the summons and seek advice?

 

Venkatramana, once u file RCR and send her summons, she has to go see a lawyer unless her father is a law professor. Do u know what happens when a panicked, revengeful, manipulative, and a greedy wife has a meeting with a lawyer? She will be suggested to file a bouquet of cases: 498a, 406, DV Act, DP Act sec 3 and 4, Crpc 125. If u file RCR, expect this bouquet to be delivered to ur door within a few weeks sans the love-note. Also, expect her lawyer to file a maintenance application of HMA 24 into ur RCR case. U do not need to tell her lawyer about ur profession. He already knows that u r a born-financier. He will make u finance ur wife, himself, and ur own advocate. He will also inform ur inlaws of ur true profession and ur inlaws will ask u to finance the next wedding of ur wife.

 

Think with a cool head. If she wants a divorce, give her a mutual consent divorce and consider urself lucky. Negotiate strongly and pay her zero alimony. Forget the gold. Do not throw good money after bad. Trust me, once u get into litigation, u will regret this opportunity. When the judge will order u to pay one/third of ur salary in maintenance, ur revenge will retreat from the battlefield and it will push ur logical reasoning back to the front lines. At that time, u will pray that she was remarried and u were off the hook to maintain her. So why not be logical now? Think with a cool head. 

498_final stage (Professional)     15 April 2015

To dear Vankat and Mr Complaint to Learn Law.


The advice for RCR was given to show the law that the wife is not at home and not living with Venkat.

Whats the advantage

1) If wife file false 498a along with other cases, like DV and 406, at least venkat will have a very strong point to mention that how any harrassement could be done when she is not living with him anymore?

2) Judge will be compelled to consider 498a an after thought. You can read judgements on that.

3) There are ways you can delay the summon for RCR. This is India

4) If she files 498a etc, there is a rule where he can always ask for court mediation. I went on this route. If things work out then settle the case, if not then fight it.

Yah I would agree if things can be settled outside the court anyhow then do it. Since Indian law is more of waste of time than anything

 

kumarkumar (business)     15 April 2015

Whatever advice you take please think carefully and evaluate all the prons and cons before you take the final decision, also you have to consider your financial status, your family, your future life of getting married, the delay that happens in court min 5 years(based on my story), consult all the well wishers of your family, then based on this facts LAW+your personal life take a final decision. 

Regarding the gold jewelellry try to get confession from her that she holds it, you have to plan to record the conversation with her that she has it with her, try to record, nowadays you find pen camera in market may be 2000 rs,(audio+video), if your capable get the confession from her that she has  deserted matrimonial home on own accord and her wish, by this no need to pay any compensation. Mobile phone call conversation can also be used.

Dont forget about the gold jewelley + money you spent for marriage you have to use it a trump card, if you forget it they will ask for more and more.

     I appreciate your decision to take a law course in this difficult times, it shows your courage and strength, bro be brave and fight.

venkatramana   16 April 2015

Dear All, Many thanks for your suggestions.

I'm in the process of collecting evidences. I have the support of the girl's mother, girl's maternal uncle and grandfather, entire village community. In fact it was the villagers who shared the details about the girl and I managed to take their video/voice recordings. Her aunt promised to share the photos of her secret marriage if it takes place and if she is invited to the party.

The girl doesn't have any support except her father who is like a puppet in her doings.

I have a question, will IPC 494 lead to automatic divorce. Please advice. Else there is no point in me waiting for it.

Until then I will keep studying law and praying all the gods.

Soman (Dy Manager)     17 April 2015

Don’t be too optimistic.

The support you get from her mother & relatives will vanish, the moment the problem reaches court. The blood will always remain thicker than water. One by one all her relatives will change side.

Go, get the evidences now. I am fighting, faced the same illusion, hence this caution.

venkatramana   17 April 2015

Evidences collected so far:

1) Audio and Video recordings of her college mates

2) Audio recordings of her aunt

3) Audio recordings of her college principal

4) Villagers from her village telling my villagers

I have 2 questions:

1) She is planning to marry and after I provide the evidence, will I get divorce automatically?

2) In May 2014, she attempted suicide and was admitted in hospital. Should the police be informed by the hospital authorities? In such a case, I can collect the details from the police.

Thanking all the members for the solutions. 


Attached File :
  • downloaded: 29 times
  • rani jain (others)     17 April 2015

    You got married on 2nd jan2014. Badday. I also got married on same day. My husband absconded. Lol

    SuperHero (Manager)     18 April 2015

     @venkatramana

    As others have mentioned please evaluate all pros and cons. Every word and paragraph should be clearly mentioned in the notice that you are going to send it to her.

    Money Lost, Nothing is Lost.

    Health Lost, Something is Lost.

     

    Character/Time Lost, Everything is Lost.

    I wish you Good Luck.


    Leave a reply

    Your are not logged in . Please login to post replies

    Click here to Login / Register  


    Related Threads


    Loading
    Start a New Discussion Unreplied Threads



    Popular Discussion


    view more »




    Post a Suggestion for LCI Team
    Post a Legal Query