Hi everyone. Need a few clarifications regarding S.498A IPC and 13(i)(a) HMA.
I'm a 30 year old male, practicing lawyer myself but almost exclusively into commercial litigation; never ever touched a single matrimonial case in my life. Little did I know that the first matrimonial case of my life would be my own
What I want to know is, what is the procedure in a Complaint filed by my wife under S.498A before the ACMM? If cognizance is taken by the Magistrate, would I be summoned and made to give a Statement before the Court or would I get an opportunity to file a written submission? I want to place a Written Submission on record because my wife has made tons of false averments in HMA Suit and in furture, I particularly intend to pursue Perjury and Contempt against her (if I remain outside bars!).
Secondly, after my Wife left matrimonial home for her paternal home after merely months of our marriage, I resorted to very heavy alcohol drinking out of a sense of depression and a (faulty) coping mechanism. I developed Alcoholic Hepatitis and was admitted to hospital for about 15 days, during which I recovered fully, as per the diagnostic Reports. I used to drink before marriage also, but in moderation, and I had told this to my Wife before marriage. Further, the Ground raised for Divorce by my Wife is Mental Cruelty arising out of Dowry demand and no mention has been made at all about any drinking issues. My query is, what kind of effect can I expect from Court if I file my hospital admission and discharge Report which mentions that I'm a chronic alcoholic, but also mentions that I was perfectly normal at the time of discharge? I've completely abstained from drinking now. It is very important for me to file this Report because of the dates I spent admitted in Hospital, but, how far is there a possibility of the language "Alcoholic Hepatitis" and "Chronic Alcoholism" prejudice the Court against me and/or consider me as a alcoholic? Any case law on alcoholism which happened after my Wife left me and, never during her presence?
In that sense, Karnataka High Court judgment in Sri Krishna Kumar vs. Smt Pavitra Gowda (Misc. First Appeal No. 323/2010 decided on 18.06.2015) appears relevant but not exactly on the point of post-separation alcoholism, which in any event did not cause any cruelty to the Wife who is not even aware of it as on date.
Please guide. Thanks.