Sumit kapoor (owner) 03 November 2012

Divorce evidence stage

Hi frnds

Need your help in fighting this misused law of 498a and divorce

brief history :- wife filled 498a after 5months of love marriage and then after an year filled for divorce for which i filled that i dnt want to give divorce becaz i want her to resolve 498a then only will gv her divorce.Demand to take back case was around 50L at the time of mediation..so it failed.

Now its been 3 years since this is going on..

Divorce on evidence stage

she filled avidevit with below points

->me n my family cruel...abused mentally n physically

-> i m mental

->asked dowry

->characterless

->alchoholic

etc etc

My queries

1) initially her lawyer said that she is the only person who wants to submit her affidevit for evidence and did not give the list of people who will be evidence.... she wanted her evidences to be done asap ..she had to go abroad through her company
.After her evidences cross questioning was done... her lawyer said that even her father is an evidence and wants to give evidence..judge allowed this ----->is this ok?? my lawyer did not do anything about this saying "ladki ki to har jagah chalti hai " and accepted her fathers affidevit..but a lot of people told me that u should have raised a concern to higher judges..please advice

2) if only verbal evidence enough to prove sm1 guilty?..i mean like if she n her father says that they have given dowry but dnt have any bills or money transaction to show .. will that be enough to prove us wrong?

3) Is it possible for me at this stage to ask for divorce on the ground of cruelty ... asmy affidevit is that i want to keep her ..but now i m thinking if i could say that based on the affedevit and all the false claims i have decided to take divorce on the ground of mental cruelty to me n my family ..is it possible?

I will be really obliged if you could ans these queries..thank u

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5 Replies

498 A fighter (Advocate) 04 November 2012

Originally posted by : Sumit kapoor
	she filled avidevit with below points ->me n my family cruel...abused mentally n physically -> i m mental ->asked dowry ->characterless ->alchoholic etc etc Every girl who file dowry case she put some allegations,true or false she have to prove in court. My queries 1) initially her lawyer said that she is the only person who wants to submit her affidevit for evidence and did not give the list of people who will be evidence.... she wanted her evidences to be done asap ..she had to go abroad through her company .After her evidences cross questioning was done... her lawyer said that even her father is an evidence and wants to give evidence..judge allowed this ----->is this ok?? my lawyer did not do anything about this saying "ladki ki to har jagah chalti hai " and accepted her fathers affidevit..but a lot of people told me that u should have raised a concern to higher judges..please advice yes you shuld have to raise a concern to higher judge any allegation need proof only mere allegation is not sufficint if she is saying true then you are also true by your own but this is court and it need proof her father evidence or any witness mentioned in list is must . 2) if only verbal evidence enough to prove sm1 guilty?..i mean like if she n her father says that they have given dowry but dnt have any bills or money transaction to show .. will that be enough to prove us wrong? no only verbal evidance is not enough if she is verbley true in the justice you also verbly true, o fher father is giving affidavit you can file counter case as giving and taking dowry is also punishable so you also file 498A on them for giving dowry. no evidence i s requires as they are telling by thier own 3) Is it possible for me at this stage to ask for divorce on the ground of cruelty ... asmy affidevit is that i want to keep her ..but now i m thinking if i could say that based on the affedevit and all the false claims i have decided to take divorce on the ground of mental cruelty to me n my family ..is it possible? no fist yo win 498 and then apply for divorce,defamation etc etc, I will be really obliged if you could ans these queries..thank u dont give diovrce unless you win, you have lot of benefit of it,

1 Like

Tajobsindia (Senior Partner ) 04 November 2012

Originally posted by : Sumit kapoor
	XXX My queries 1) XXX .After her evidences cross questioning was done... her lawyer said that even her father is an evidence and wants to give evidence..judge allowed this ----->is this ok?? XXX XXX

1. You have a weak stand so far if two cases you are contesting and there is none from your side till date.
2. Change your advocate first of all. If she has filed for divorce she has to prove "grounds" and it is immaterial whether you concede to divorce by saying yes give her or by saying no don't give her or by saying I wish to keep her with your kind off vague logics mentioned in your brief. The moment you conede to divorce, S. 498a IPC gets proved as she has mentioned abuse, mental torture and cruelties in her divorce suit matters. She will do straight import of Divorce Decree Order to her S. 498a and possibly convict you. BTW, where are medicals to show your "mental" status? Why no application form her sid ein marital case based on mental status of your sent for medical examination as once a wife alleges such allegations Court allows husband to prove or disproves he is fine human being by subjecting himself to medical tests. Where are witnesses who say you "drinnking" whole crate of Johhny Walker at reception nite and subsequent thereto? Where are neighbourhood girls and aunties to allege you are "characterless"? I mean coming out of bath just wearing Khadhi towel in front of his wife does not mean husband is characterless and since when he is branded so all these your advocate should have cross examined her on these minute minute leading questions ! Were these cross examined by your advocate that you are jumping next not to have your lovely FIL on stand (witness box) ? Her set of dozen allegations are standard petition templates metro wives allege in both S. 498a and S. 125 CrPC and in their divorce matters more so if they are from S/W field as such dream allegations gives them a kick and algorithms of only these they understand in S/w filed during coffee breaks.
Reason being it looks nothing great was put to her or to her father during 'cross examination" by your current advocate that is why all your next questions are here and same not put in your above brief too.
3. She can give her milkman and laundrywala as witnesses why objecting to her father being witness of hers! People who tell you that her father cannot be her witness are wrong.
3. File an Application for her Passport surrender in Court and another Application for not to get married till S. 498a and Divorce cases are over. Get these two first of all allowed expressly otherwise she will run-away leaving State vs. You (and your side) sightseeing Court for next half a dozen years and meanwhile she will become Mrs. Sandy i.e. married a made in USA guy on her overseas posting as you say in your brief that she is leaving for overseas on assignment J

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Sumit kapoor (owner) 04 November 2012

yes ..my lawyer had done a very good cross questioning ...n she was not having any written/hard copy evidence to prove her alligations...the only thing she had was...her father..my father gave dowry...my father saw him drinking...my father saw him mental..etc etc........i know i have n number of evidences to show that she was treated well.... n evidences to show that her statements are not true

but i got stuck as someone told me ..that her father verbal evidence is enough to prove u guilty n i was shocked ...

n they say she will anyway get divorce as she is not ready to live with u

rajiv_lodha (zz) 04 November 2012

If she produces some false witness, may be her father or anybody else, his statement is not taken as gospel truth. He has to produce evidence also. UR LAYWER SHUD PERFORM A GOOD CROSS EXAMINATION OF HIM TO BRING OUT LACUNA IN HIS STORY.

It wil serve ur purpose.

Adv. Chandrasekhar (Advocate) 04 November 2012

As she is in hurry to get divorce decree and you are interested that Section 498-A case has to be quashed/withdrawn, it is the right time for you to talk with her and go for mutual consent divorce with a condition of withdrawal of Section 498-A before the HC immediately. About other questions you raised - the court does not bother of quantity of evidence but quality of evidence. As per your version, most of her deposition is heresay evidence and as long as direct witnesses are available, heresay evidence will not be taken into consideration. Next her father's future deposition - about drinking, it is not a ground for divorce. Similarly demanding dowry is also not a ground for divorce. But these acts are coupled with cruelty then it wll be ground for divorce. But, again, as per your version, her deposition does not disclose the crule act, there is remote chance for her to get divorce. So, either yourself or your advocate makes her to understand the bleak (nil) chance of getting divorce, she may come to terms for mutual consent divorce. At this stage, you also do not have bright chances of getting divorce on the ground of cruelty. If in the running divorce case, if you get vexed and give a green signal for her getting divorce on the ground of cruelty, it may hurt you in Section 498-A case.