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Raj Thakker (Executive)     09 June 2016

Interim mainatance

Hello All,

 

Firend of mine got married in year 2010 and he is having 2 kids.His wife is planing to file divorce case against him on grounds of mental cruality , there quite few complications as mentioned below.

1)It was mentioned that she is B.Sc at time of wedding where as she is B.Sc fail , however latter on some fake foreign university certificate was given by her so now in cross examination can she be asked about her education first if she tells she is not graduate then her foreign certificate can be use to show she is capable of earning being overseas graduate if she says she is not graduate still her foreign certificate can be use to show that she is lying for Maintanance or can both her failed and foregin certificate can be used together in court of law to show that marraige was done on Wrong Information??

2)To Prove her false mental cruality case can her childhood physcho checkup where it is mentioned she is short temper being used against her that she is responding it in diffrent way then any normal person behave i mean stimules and respond thoery due to short tempered nature??

3)Can her prics with her boyfriend and even acceptance of cheat by her fathers confirmation can be produce in court to weaken her case??

4)Can her brothers gay relationship pics be used to portray her families character as brother and sister both fall in same category of characterless because as per section 377 LGBT is still not legal in india??

5)If she Fies False 498/498A  , if she file dowary case to harse can DV provision act section 3 be used and asked to CAW cell or police  because one of case justice Dhingra of delhi high court has given judegment that Section 2 and Section 3 both should be read in conjunction or any other such case how can above mention point 1 to 4 can be use to Safeguard himself by friend of mine??

 



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 June 2016

The significance of the nature of conduct constituting cruelty lies in the fact that the “fault” or “matrimonial offence” theory is followed in Indian matrimonial law. 

Raj Thakker (Executive)     09 June 2016

Sir

Can you please explain it in lehman terms which i can understand as i am not from law background or if you can give clear ansswer of all points 1 to 5 that would of real great help.


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