Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Abused Man (Executive)     16 October 2012

Need help

 

Dear Eminent Advocate Members.. I seek guidance on the below case.

 

Case  - this couple has been married for over 4 years. They fell in love during their post graduation and both families agreed. Both the boy and the girl were from decent respected families. Over years the marriage got difficult. The wife refused physical pleasures and husband got desperate. Husband had an affair with an unmarried girl for 5 months. He felt guilty and confessed the same to wife. Wife initially asked for split and later accepted him back. Meanwhile, husband was trying to do away with the other girl to ensure no complications. Wife again caught him talking to this girl and left the house they own together. Husband’s family has been extremely supportive of the girl and have always been her support. Inspite of this the girl’s family have now sent a legal notice (from advocate) to the Husband and his family members under fraud stating Dowry was demanded and that the Husband’s family got drunk during the wedding etc. Etc..Meanwhile, the wife’s family have gotten pictures of the husband and girl getting cozy during one of their foreign trips (these pictures were taken prior to the husband confessing and pleading for forgiveness). Now the Husband’s family who were always nice and supportive of the girl are devastated. Husband has not had any physical relation with the wife since almost 1 year (including 4 months of wife not living with husband). In fact, the husband has been true and not had Physical contact with wife after or during affair. Is there a way to medically prove this??

What are all the legal implication the husband and wife can face. What needs to done to safe guard the interest of the husband’s family. This is a pure case of misusing our law’s leniency towards women..(I agree its required but such misuse needs to stop.  Most advocates use the non bailable Dowry warrant tool to harass men.)



Learning

 10 Replies

stanley (Freedom)     16 October 2012

@ Author what exactly do you want ?? ..... beware i can see through the rainbow that an arrow of  498 A  is on its way to your friend .

1. if your friend is looking for Divorce he can speak to the girl for MCD or file for  divorce which can be contested  and the grounds for your friend  can be cruelty . As a marriage without s*x is anthemia .But even this does  not stop the wife from filing for 498 A  or D.V .

Even if they have pic's of your friend with the girl they have to prove the relationship 

2. The wife can be subjected to a  virginty test or you your friend can  offer himself for  cross examination and state the unresponsive attitude of your wife for s*x .

3. If wife is not working she will file for DV case and ask for 

a.  maintanence .

b. If they have a child than she will ask for custody and you friend can get visitation but he will have to pay maintanence for the child ..

c. She may ask for rental accomodation .

Tell your friend to remain cool and relax as for the next 5-7 years these case will go on and the whole country knows that false cases are filed to abstract money and come to a settlement .:)

Tajobsindia (Senior Partner )     16 October 2012

It is a case of keeping perfect façade and lay a perfect honey trap by girl’s side to demand extortion now.
Reasoning: Your quote “Meanwhile, the wife’s family have gotten pictures of the husband and girl getting cozy during one of their foreign trips (these pictures were taken prior to the husband confessing and pleading for forgiveness)”.  I mean who on earth would know husband’s affair before even he confesses to his wife?. That means a honey trap was laid and thus pictures were taken even so for bigamy charges proving marriage is a must.

Also people do drink during reception that is why Johhny Walker got its popularity in Indian weddings (so that just to include a empty one consumed on reception nite now becoming a brand new one in a stridhan list later I mean here). Be it so tell this friend of yours to first hire an criminal side practicing Advocate on retainership basis and seek AB (anticipatory bail) with his complete family. For AB physical presence is not required the Love Letter sent by girl’s side is enough.

Further wring in a legal notice by an advocate of girl side that baratis got drunk that also 4 years back which you are alleging now after your client consumated her marriage are like pawing way for good, better and best petition writer skills which I keep reminding aam aadmis' here and then our Lord has tenacity to say arey ji yeh toh patriarchal society hai, husband side pressurized police and if these two were not less then “poor metro women from where she can bring evidence to what happened in 4 walls of her bedroom” when acquittal happens;  jiyo re jiyo petition writer @ Lord  just because of you the cottage industry of 498a is thriving in India ....……..
J

 

stanley (Freedom)     16 October 2012

Originally posted by : Tajobsindia
@ Lord  just because of you the cottage industry of 498a is thriving in India ....…….. J

 

ROTFL   ......but Mr Tajobs you have forgotten to add, so do the lawyers never face recession due to cottage industry of 498 A and DV is a thriving business in India while the rest of the sectors suffer from Recession :-)

Tajobsindia (Senior Partner )     16 October 2012

 

 

Originally posted by : stanley

 

@ Lord  just because of you the cottage industry of 498a is thriving in India ....…….. J

so do the lawyers never face recession due to cottage industry of 498 A and DV is a thriving business in
India while the rest of the sectors suffer from Recession :-)

 

Arey just re-read any of the replies by any of these Supreme Court r/w Delhi HC Lawyers here in LCI as they mention their signature line “Advocate Supreme Court or Delhi HC” they always suggest "file 498a + DV to any metro women" enquiry. I mean @ Lord's Industry starts and thrive only with these two it is obvious so how ever a recession cometh you tell yourself bhai .............

What amuses me is the end line ayyo Rama “evidence from 4 walls of a bedroomnahi mila, I mean even after DV filing which is wildest dream of @ Lord petition writing skills you still come back to same “4 walls of a bedroom” arey bhaishaib aab toh bahar aay jayo client ki bedroom se…….

1 Like

Abused Man (Executive)     16 October 2012

Thank you all.. But, can 498a be slapped even if the girl is unmarried??

Tajobsindia (Senior Partner )     16 October 2012

Originally posted by : Abused Man
  Thank you all.. But, can 498a be slapped even if the girl is unmarried??  

In reference to context; the girl (unmarried one) with whom your friend was photographed in a foreign trip probably had her cups full so she will not file S. 498a IPC but since your friend received retrospective drinking during his marriage as crime Legal Notice from his wife’s excellent petition writer so chances are there that he (lawyer of his wife) might have given final brushes to his next masterpiece and may (subject to legal fees receiving from his female clients) file S. 498a IPC on behalf of your friend’s wife’s side. Thus seeking AB was suggested in my last to last reply.

But why you asking about the unmarried girl and not about your friend's wife whose lawyer sent the Notice !  Are we misisng something in cottage industry NAVARATRI SPECIAL SALE triangle window shopping this Season?

Abused Man (Executive)     16 October 2012

Just to clarify, I did not realise 498a is a dowry act... What I wanted to check was can they slap a criminal case citing adultery (as the girl in affair is unmarried)?.. Also the notice is sent under Indian contract act 1872 "Fraud"... I'm kind of confused...

Tajobsindia (Senior Partner )     16 October 2012

 

Originally posted by : Abused Man

 

Just to clarify, I did not realise 498a is a dowry act... What I wanted to check was can they slap a criminal case citing adultery (as the girl in affair is unmarried)?.. Also the notice is sent under Indian contract act 1872 "Fraud"... I'm kind of confused...

 

1. For your first; NO for that your friend's marriage with that girl has to be strictly proved by his wife's excellent Lawyer.
2. For your second; excellent I was looking for one such petition writers to back me up which I keep saying here that "Indian marriage is a contract" but mine was all along a minority view but now I have one excellent ld. brother as supporter.
3. For your last wording; to remove your confusion suggest to tell your friend to directly interact with us OR suggest him to hire on retainer basis a criminal side practicing lawyer.

 

Free bandwiddth has this much limitation ji.
[Last reply]

Abused Man (Executive)     16 October 2012

Thank you sir.Much appreciated.. I thought this forum can help people with limited funds... But if anyone else can asnwer, Few questions from here...

1) Should the Husband file a divorce before the girl does?

2) What should be the ideal response to such notice? Should we even respond?

3) How much approx will be the legal expenses to be borne by the Husband?

4) Are there forums to help men under harssment?

stanley (Freedom)     16 October 2012

Originally posted by : Abused Man


Thank you sir.Much appreciated.. I thought this forum can help people with limited funds... But if anyone else can asnwer, Few questions from here...

1) Should the Husband file a divorce before the girl does?

You have exceeded Mr:) Tajobs Bandwith with his free legal advice . Now who wants divorce first your friend wants or his wifes wants . Its the one who is desperate and wants to remary can file first 


2) What should be the ideal response to such notice? Should we even respond?

Its upto you to respond or not since nobody has seen the entire contents of the notice and i presume but natural you must have approached a lawyer but you werent confident of his advise and he must have told you to give the reply you have to pay XXXXX amount for which you put your query in this free Foroum 

3) How much approx will be the legal expenses to be borne by the Husband?

It depends if you want a lawyer of high standing he will never come down on his fees if you want a liar than a lawyer who would compromise your position and make you vunerable to the case he would be verry cheap since he would gain his cut from the opposite counsel 

4) Are there forums to help men under harssment?

Its how you take the free  advice and precieve it if it was paid advise  you would say its good and spread the word that Mr Tajobs gives good paid advice :)


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register