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Case against adulterous wife

Page no : 2

swatirswatir (learning law)     15 October 2010

go as per sony advice. u have good evidence, u cannot be prosecuted in any false criminal case. pm me for any help. what is ur jurisdiction.
 

Law Matter (CA)     25 February 2014

Don't She has already lost this right. Please read this article in TOI

Link: https://timesofindia.indiatimes.com/city/mumbai/Adulterous-wife-not-entitled-to-maintenance-Court/articleshow/25464191.cms

MUMBAI: A local court on Friday rejected a 38-year-old South Mumbai woman's plea for maintenance from her estranged husband after it found she was involved in an adulterous relationship.

"The wife who engaged herself in (an) adulterous relationship with a man ... cannot claim maintenance and cannot be allowed to take advantage of her own wrongdoings," the court said while accepting the 40-year-old husband's plea seeking divorce on grounds of cruelty and adultery.

The couple were married in 1999 and have 12-year-old son. The husband ran a business at Nana Chowk and used to return home after 10pm. In his petition, he alleged that when he returned home early one day in November 2005, he found his child alone at home. The husband alleged that he repeatedly made attempts to contact his wife on the phone, but it was switched off. When she finally returned home at 7.45pm, she gave evasive answers and claimed to have met a woman friend. However, when the husband inquired with the friend, she denied she had met his wife.
 

The man claimed the woman confessed the next day and told him she had gone out with her neighbour to a hotel. He said he also got to know that the man had visited the house in his absence, and residents had seen his wife with him.

The husband filed the divorce petition in December 2005.

Both the wife and the man against whom her husband had levelled allegations denied having an affair. The woman claimed she was forced to write the confession statement. She accused her father-in-law, stepmother-in-law and sisters-in-law of harassing her for dowry and forced her to leave the home.

The court observed that the woman could have easily complained to police and her parents about being forced to write it once she was at her parents' home. In the absence of such complaints, the court said her version was not believable. The husband had also produced a picture of the woman and the alleged lover along with his child, shot outside the city.

The court also pointed out that the child looked comfortable in the presence of the man, and this showed the extra-marital relationship had been a long affair.

The court also accepted the evidence of two residents of the building who supported the husband's claims. Granting the divorce, the court said: "The husband cannot be asked to continue his marital relations with his wife who has breached the marital trust between husband and wife."

Law Matter (CA)     25 February 2014

Some very important point to be remembered by all men, which I realised while fighting my case in court at Kalyan, Thane Dist.

1.      Anyone can install a camera in his home for his safety.

 

2.      Divorce case can be filed within one year from the date of marriage Section 14(1) in The Hindu Marriage Act, 1955 Link: https://indiankanoon.org/doc/1132388/

Please notice application to HC with all conditions u/s 14(1)

3.      Very important point to be remembered: The movement you come to know that your wife is involved into adultery. (with Solid hard evidence), Keep strictly away from her, do not get into physical relation with her at all, let her go out of your house or you yourself stay out of home keep evidence ready that you never got into touch with her at all. Otherwise it would act as you have forgiven her for this act of Adultery and she will be free for doing same mistake.

 

4.       Never ever file Mutual divorce case if you have noticed adultery, As it wife can change her decision again and your decision will not stand in court after six month as you have already stated in mutual divorced that you both have no complaints against each other.

However if u file case under sec 13 (1) (i) for device on ground of adultery you can go for mutual compromise after some time out of court.

 Link: https://indiankanoon.org/doc/1151479/

5.      After filing case, inform to your regional police commissioner in writing regarding filing of adultery case against your wife to avoid any mishap from the side of wife (life suicide, false claim of domestic violence, false dawry case etc.)

 

6.       Never ever try to fight or physically harm to lady at all even if you noticed her adultery as it will go against you. I know it is hard to be so patios, but it really works as your patios will work for you, even in court room everybody sense that who is right and who is wrong even before any decision by the judge.

 

7.       Never share your evidence with anybody even don’t share with any police man. Do not mention at all that you are carrying such evidence. Share only minor snap shot with your representative advocate to be presented at court.  Even small leakage of such evidence will result into big case against you under cyber law. So be very careful with all evidences. Keep the original into safe custody not reachable to any one (e.g. bank locker etc.)

If you require legal advice from advocate let me know I will provide contact details to you.

Law Matter (CA)     25 February 2014

Some very important point to be remembered by all men, which I realised while fighting my case in court at Kalyan, Thane Dist.

1.      Anyone can install a camera in his home for his safety.

 

2.      Divorce case can be filed within one year from the date of marriage Section 14(1) in The Hindu Marriage Act, 1955 Link: https://indiankanoon.org/doc/1132388/

Please notice application to HC with all conditions u/s 14(1)

3.      Very important point to be remembered: The movement you come to know that your wife is involved into adultery. (with Solid hard evidence), Keep strictly away from her, do not get into physical relation with her at all, let her go out of your house or you yourself stay out of home keep evidence ready that you never got into touch with her at all. Otherwise it would act as you have forgiven her for this act of Adultery and she will be free for doing same mistake.

 

4.       Never ever file Mutual divorce case if you have noticed adultery, As it wife can change her decision again and your decision will not stand in court after six month as you have already stated in mutual divorced that you both have no complaints against each other.

However if u file case under sec 13 (1) (i) for device on ground of adultery you can go for mutual compromise after some time out of court.

 Link: https://indiankanoon.org/doc/1151479/

5.      After filing case, inform to your regional police commissioner in writing regarding filing of adultery case against your wife to avoid any mishap from the side of wife (life suicide, false claim of domestic violence, false dawry case etc.)

 

6.       Never ever try to fight or physically harm to lady at all even if you noticed her adultery as it will go against you. I know it is hard to be so patios, but it really works as your patios will work for you, even in court room everybody sense that who is right and who is wrong even before any decision by the judge.

 

7.       Never share your evidence with anybody even don’t share with any police man. Do not mention at all that you are carrying such evidence. Share only minor snap shot with your representative advocate to be presented at court.  Even small leakage of such evidence will result into big case against you under cyber law. So be very careful with all evidences. Keep the original into safe custody not reachable to any one (e.g. bank locker etc.)

If you require legal advice from advocate let me know I will provide contact details to you.

Law Matter (CA)     25 February 2014

Please open attached word file for details
Some Important points to be notes while filling case of adultery against wife.


Attached File : 532294196 some very important point to be remembered by all men.docx downloaded: 242 times

Law Matter (CA)     25 February 2014

Do not Post your evidence online at all, anyone can misuse it and only you will be liable for act of other under cyber act.

Maharudra   07 October 2016

Please give format of, how to file case against third person in case of wife's adultary?

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