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Munirathnam (Scientist)     05 December 2012

Any use:after wife left husband, wife declared as unmarried

Dear All,

 

After wife left husband, within 15 days wife declared as unmarried and filled many documents in different offices like working office, LIC docs, bank accounts etc....

 

How to use this information in support of 498A case trail, during cross examination?

 



Learning

 8 Replies


(Guest)

Who declare she's un-married after 15 days ?

If she declare herself un-married, Then how 498a is possible ???

 

Regard's,

Abhinatre Gupt

Sudhir Kumar, Advocate (Advocate)     05 December 2012

query is vague

Saurabh..V (Law Consultant)     06 December 2012

@Munirathnam

 

As I understand from yoour query, the wife first left her matrimonial home within 15days of marriage. Then claimed to be Single before some private companies while furnishing her information in the prerequisite forms. If this is the case, then be advised, this may not help you to a bigger extent. Though it is another case of fraud with those companies but that does not make any difference to the fact that the girl got married to you and is living separate due to the harrassment (as alleged in 498a complaint).

 

You have to make your case very wisely and with due diligence. This is not a small matter to to give submissions before the trial court. Once you make a step, the court makes certain amount of calculations parallely. Without thinking beyond the obvious you may land in larger trouble than expected.

 

The case would have been different, if she would have furnished her status has Single during those 15days stay at her matrimonial home. Once she left, then to secure her livelihood she may take some liberty to criss-cross and get better job. Many people do that.

 

//peace

/Saurabh..V 

Munirathnam (Scientist)     06 December 2012

My question:

 

Marriage happened in 2007. Wife filed 498A case in June-2008 after leaving from matrimonial home in May-2008. Then she started working from Aug-2008. At work place and in other docuemnts what she filled she declared as unmarried women despite any divorce.

 

In 498A case trail how to project to the court about her attitude/actions in right way? 

Saurabh..V (Law Consultant)     06 December 2012

@Munirathnam

 

The best person to present anything in the court is a professional Advocate practicing atleast since 20yrs.

 

I have already tried to put forth my view of the acts of your wife. If in case you can find something incriminating or dubious about your wife that pertains to her allegations then it would be directly helpful for you.

 

But one thing is worth noticing is that, the fact that she is hiding her marital status from her employers shows that she is not a trustworthy person. Her statements could be seen with suspicion. That's the best you can get out of proving the point.

 

//peace

/Saurabh..V

Munirathnam (Scientist)     06 December 2012

Dear Saurabh,

 

Thank you for your advice.

 

Whereas in my 498A case mostly I would be cross examining my wife because I never done any wrong and also I only know how much I loved my wife during her stay with me. I have prrof of my love towards her and same will be submitted in court and are already submitted before police for further investigation.

 

Also my wife siad that on some date she was tested for pregnancy in hospital and later it was aborted and same is communicated to her relatives and frineds.

 

Whereas she never went to hospital till last day she was with me and only last day she was tested for pregnancy and found pregnant and medical report of the last day I ahve. And wife never made phone calls to her parents as alleged in her complant hence she can not prove the same even her parents comes to court and say anything vorally.

 

If I do not bring the truth in court then I can live in this world because when eve I go anywhere I can take a lawyer along with me, right?

 

If there is presentation problem then it could be addressed with preparation, I belive. Please correct me if I am wrong.

 

Thank you.


(Guest)

@Munirathnam,

It's a really intriguing fact,on one hand you seek advice of LCI and on the other hand you forbid others to seek reply on LCI,referring this community as "Novice" and "Incompetant".Let me reproduce one of your reply given in a thread.It goes like

"Consult lawyer. Here in the forum all are new to law and justice system.

 Mean while collect evidence in support of the case for use and if you do not collect then send write letter to police to do the same.

"

Anyway, reply of your first post in this thread given adequately by Saurabh.

Let me reproduce your second post in this thread

"

My question:

Marriage happened in 2007. Wife filed 498A case in June-2008 after leaving from matrimonial home in May-2008. Then she started working from Aug-2008. At work place and in other docuemnts what she filled she declared as unmarried women despite any divorce.

 

In 498A case trail how to project to the court about her attitude/actions in right way?

"

What,if I get you correctly,you want to use your better-half cheating events to your advantage in disproving the charges of 498A filed against you.If yes,Here is my short reply-

"Argue that She is very greedy for money.She can go to any extent to feed her greediness.She cheats people in order to get advantage(How,you know). She had a intention behind marriage,to file a false charge,preparing a ground for divorce,and thereby getting free money(in form of maintenance).It all a well-thought plot against me....

"

Hope that helps

regards

Munirathnam (Scientist)     12 December 2012

Sumitra Kumar,

 

Considering his urgency I advices in that instance, that does not mean that all the memebrs are new to law or justice syste,. Sorry for not communicating clearly in the earlier instant.

 

Thank you for your advice and it appears that wife's intension was clear and evident in getting money illegally in the name of marriage....


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