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x (z)     19 April 2012

Adultery

After a prolonged suffering at the hands of my husband and inlaws i filed a case against them with the womans cell. However as their intentions of maligning me and not settling for a mutual divorce without taking a huge some of money from my family were made clear to us we had to proceed with an FIR for which they duly applied for an anticipatory bail. While we contested their application we found out that they have filed a case of divorce against me on grounds of adultery in the court of their city. Please do let me know

1. can my hubands family file for divorce on adultery on his belhalf, while he's absconding from the country?

2. how long does it take for the summons to reach?

3. will this case weaken the case which i have registered even though the allegations directed at me are false?



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 10 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 April 2012

1. Yes, the case can be filed on PoA.

 

2. Depends normally they reach one week before the date.

 

3.  No both cases would be fought on respective merits.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Anjuru Chandra Sekhar (Advocate )     19 April 2012

Under which section you have filed your case against him?

SAINATH DEVALLA (LEGAL CONSULTANT)     19 April 2012

Dear Querist,

Have you filed case u/s 498A and also DV Act on your husband and inlaws?

In turn they must have filed adultery u/s497ipc,on you.Make your defence strong and don't give them a chance.You have to ascertain whether your husband has given POA to your inlaws,to act on his behalf.If POA  is not given,your inlaws cannot act on his behalf legally.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 April 2012

Dear X,

 

1. Yes the divorce case can be filed by his relatives through Power of Attorney, though if family courts are established in your state - it can insist on a personal appearance of the Husband for reconcilliation. 

2. Depends on your State.

3. It won't affect your case in any manner on the contrary comes up as a counter-blast, if they fail to substantiate their allegations of adultery - you can file a suit for defamation against them, and since in a case of adultery the alleged adulterer is also to be made a party mandatorily - he can also sue for defamation & damages. 

Feel free to talk !

1 Like

x (z)     19 April 2012

Dear All

Thank you for your replies

My case is filed under 498 a, 406, 506. it is 100% genuine(its a shame i have to even convince that) but due to the unfortunate state of affairs in this country i am being told by cops and concerned more about the misuse of 498 a. What is this world coming to? the way i am being questioned about the in laws involved, its almost like i am lying just to rope them in. I come from a very educated and respected background and made it clear its not about the money but justice. However the whole pre-concieved notion of misuse of 498 a is so prevalent every time i come out feeling like i am the criminal and him and his family are victims!!!!

I am asked to prove domestic violence through medical reports. Who goes to the doctor for brusies or body pain?

They are asking me how come i didnt complain earlier at all to any authorities. They make me look like a fool when i tell them, i was hoping for it to get better and not willing to make my parents suffer trauma at any cost.

I was asked if they made such demands for dowry why did you marry in the first place?


For every accusation I have there is a counter question.


With the attitude of the cops i am seriously beginning to think, where is it all going? After every investigation i come back feeling absolutely helpless. Specially coz i know my in laws are influencial people who will pull strings and leave no expense spared( if you know what i imply)

Realistically speaking, am I ever getting out of this with any amt of justice/dignity or any of my things back?

 

 

 

 

 

 

 

Adv. Chandrasekhar (Advocate)     19 April 2012

I totally agree with Mr. Bharat Chug's legal advice.

I am totally in agreement with you Ms. X about the plight of the women who go to register complaints under Section 498-A and domestic violence case.  It does not just stop there in respect of matrimonial offences.  Every woman who wants to take the protection of provisions of law beneficial to her is ridiculed to the hilt so that she will never venture to take legal recourse.  Section 354 IPC (molestation case) complainant is rundown in police station saying that your  dress provoked him to molest you .  Section 376 rape victim is ridiculed in the police station, in the hospital, in the court room and in the society.  This has become norm not exception. 

SAINATH DEVALLA (LEGAL CONSULTANT)     19 April 2012

Dear  Querist,

Its really a torture for women to submit medical reports as primary evidence.But law is has its own limitations,and every case concludes on merits only.Good analysis by Bharat and Chandu.

Shashikant V. Patil (Lawyer)     19 April 2012

Experts are rightly stated. Your cases will not weaken even though your husband filed a case of adultary.  For which your husband has to prove it.  The onus to prove adultary lies with him only.

Anjuru Chandra Sekhar (Advocate )     20 April 2012

A woman is not punishable under Adultery if it is a criminal case filed under IPC 1860.  Assuming that it (adultery) is a case filed under HMA, then your case will be heard by Family court judge and your 498a is a criminal case which will be heard by judge of criminal court.   Even assuming that you have indulged in Adultery as per the judgment of Family court, it does not make sense for them (your husband, in laws) take law into their hands and mentally harrass or physically abuse you for that reason.  Hence both cases are different in nature leading to different destinations.  If your husband can prove the case of adultery under family court at the most he can get a divorce from Family court.  But if you prove your case against him, he and his parents will be sentenced to imprisonment.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     20 April 2012

Well assessed by Mr.Chandrasekhar


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