Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kavitha (no)     17 February 2012

Adultery

one of friend is having this issue. Please help her to fix. She was married on 2006 and from 2007 she is living alone for some reasons. Her husband filed some case ( i believe HMA / RCR) in 2009 stating her wife has deserted him. she kept postponing the case for almost 2 years. But the problem is now her husband is seems living someother Girl. Please help my friend to catch this guy and file bigamy.

 

Thanks

Kavith



Learning

 16 Replies


(Guest)

First off all from 2007 your so called friend is living seperately, and when the guy has filed an RCR and your friend dint attend ay court hearings, then what do u expect, when he has tried his best to get back his wife.

suggestion is insted of filing cases, just ask you friend to take divorce, as the relation ship is soured, and an reconcillation cannot happen.

regads

satish

RadhikaReddy (LLB Student)     17 February 2012

I agree with Satish Sir

sharma (ADVOCATE)     17 February 2012

I am unable to understand why she is staying alone, why she does't want to join him.  Without more details, the case cannot be handled.  Another point to be noted, that as you stated she wants to file bigamy case seems that she wants her husband to be convicted.  May be without knowing the main details of the case you have wasted your time to post this query.

sridhar pasumarthy (ADVOCATE)     18 February 2012

Merely living another person without marriage does not attact the offence of Bigamy.

Engage private detective agency to secure any proof of adultery.  Else proving adultery is not so easy.

If you have any proof you can prosecute him u/s 497 of IPC

srikanth_thakur (lawyer)     18 February 2012

Madam 

Unless the grounds for living alone is not given ur friend is not justified to live alone. if the ground is justifiable she can live alone and she can contest the RCR case on that ground. with regard to adultary she can file a complaint and prosecute him U/Sec. 497 of IPC. Instead of postponing the matter contest the case on good grounds. she can succeed if the grounds are justifiable. 

Shantanu Wavhal (Worker)     18 February 2012

wife deserted husband since last 5 yrs. - lived together just for 1 year.,

wife is postponing the case for almost 2 years.


let her husband live happily with the said whomsoever.

1 Like

(Guest)

Kavitha,

Think, Is her husband taken any wrong step ?

Your friend not attend the case dates, Still she wants to file Bigamy.

Suggest her to give him Divorce and also she finds one for her too.

Live & let other's live happily, This is a message for your friend.

For you one suggestion:   Be a constructor Not a destructor ................ Plz.

 

Rgds,

Abhinatre Gupt.

1 Like

(Guest)

@Kavitha

She was married on 2006 and from 2007 she is living alone for some reasons. 

Explain it .Why?

1 Like

(Guest)

why?

K.P.Satish Kumar (Advocate)     19 February 2012

Why cannt you take the protection of DV Act and get the residence right from your husband. Proving adultery is very hard unless you have substantial evidence. Whether any child in illegal relationship. Or any medical records. Any how if you want to live with him then drop adultery charges.

K.P.Satish Kumar M.L.

Advocate Chennai

@9962999008

https://yourdivorceadvocate.blogspot.in/

HK_Jain... (498a Fighter)     20 February 2012

Live & let other's live happily, This is a message for your friend.

1 Like

Kavitha (no)     20 February 2012

I just her the answers from her, she replied to the RCR stating that her husband is beating her and not providing him anything. And from her speech it seems her parents are behind this and they are somewhat influence in local town. to adding more details, it was a love marriage, and girl was a FC and the boy was BC. Now the girl moved to parents side it seems.

**Vikram** (Managing Partner)     21 February 2012

If the wife is staying away from the husband and there is no cohabitation between the wife and the husband for the last 5 years...DV is far away, even 498A cannot be filed...

 

 

Adultry cannot be filed...Adultry can only be filed u.s 497 of the IPC only if the female he is staying with is a married women and the man knows / beleives that she is  a married woman...if she is unmarried then adultry cannot be filed...if the man is unaware of the fact that the female he is staying with is married..he cannot be booked for adultry..

 

He has filed RCR and the wife has also not returned...

 

Your friend has made a mistake by not returning to her matrimonial home...

 

The only option is wait for another 2 years..then both of you are on your own...

 

Vikram


(Guest)

Kavitha,


Your friend is at fault, she is not supposed to leave the company of her husband. She even failed to go back to him after he called her back to live with him.

She has committed cruelty on her husband by depriving him of his married life. She has also deserted her husband for no good reason.


Better ask your friend to seek divorce and continue her separated living. She has no right to interfere in her husband's life.


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