cpc

plz help me urgent


Regards to all senior members and lawyers plz help me what should i do in this situation
i am one of the unlucky person on eart may be

my first marriage took place in 2009 and girl was some mental disorder which we came
to know before reaching home after marriage and she threw all jewellery on the way out of train
we inform her parents and after reaching home we took her to hospital and doctors said she
is mentally unfit and then we filled case and i got decree of null and void marriage
though the matter was over my parents were so much depressed due to tension my mom became very ill
and became paralyize it took me 2 yrs to make her stand on her feet.my faith was over frm marriage
but due to old age of parents i again got married feb 2013

my main aim was to get a wife who can take care od my oldparents and home. girl is also divorcee
and frm lower middle class family . she was working living away from her parents from last 8 yrs
after marriage in 2 days she ask me to go to delhi to give resignation . i allowed her.and in few days
she again ask me to go delhi and here prb starts i try to convince her her main priroty should be
lukafter her family but she argued and said she wanna wrk in delhi only and go there every month
for few days . i informed her parents also .moreover over in 3 months she was 20 days in her hometown and 20 days in delhi and she nvr cl me once when she was in delhi.her response towards me was as if she dont hve any interest in marriage or me. inhome also there was no atmosphere as new couples have either she used to be busy in tv or chating with her frnds on phone .Now prb is one day i came to know she is talking to a guy dailyon cell and his name is saved as girls name in her cell. then she got pregnant my parents were very happy. then agai n she argued to go to delhi and i denied my parents try to convince her its not gud to travel
in early stages  of pregnancy but she was not ready to listen. i called her parents they took her with them
 and main shock was i saw a msg from that number in which it was written that her frnd is father
 of the coming child not i.
i didnt say anything to her or inlaws about it.now she doesnt want to comeback after delivery though her
parents want her to come here .

 from last 6 months she is not here is this plus point for me


The evidence i have are as follows
1- video recording in which her parents are convincing her in my home to live properly and shouting on her and much more

2- call recording when i talk to her and she said she doesnt care what her or mine parents say she will do what she want
     and also there was no harresment or dowry ask from her in inlaws
3- her phone  which i have that have msg from that guys number that child to be born is not mine but his. though i talked
     to docs about it and they say chances are 50-50 either me or they cant be sure only dna can clear it.

she doesnt know anything about these evidences

the question is
1- what charges she can file against me
2- her delivery is due in last week of november. and in feb 1 yr will be over of our marriage can i file
   any section before feb and if yes what should be the procedure of sections
3- can she claim for money or property i am only son of my parents and our home is on my moms name and is not ancestrol property
4 there was no dowry or even streedhan not even a gold ring everything was araange by my parents moreover from her side
  there were only 10 people from her side in marriage and from mine 150 people who can give statement




Second time i am facing same problems without mistake parents are very old and tensed. and she is too clever.


plz give me guidence what should i do

should i first file case if yes then which sections or wait for her to take any actions

the evidence which are mentioned above are enough to fight against 498 and cruelty act or should i
gather some more evidence and which one plz suggest


I am depressed of all this plz sir guide me
 

 
Reply   
 
tutor

when your parents are ill they need treatment and you are planning to file case on your wife this is wastage of time and money and also impractical story to digest?

if you are so dipressed then better try to get rid of her amicably MCD is better solution.

forget her start new life , try try and try again one day you will suceed i mean to say every person is not devil, it is hard luck of your in starting you met such woman as per your say....

 
Reply   
 



thanks for rply sir 

my question is if she doesnt want to come back and file 498 or other cases on me are the evidences i mentiond

enough to save me from such section and she leave me without reason and was working woman can she 

claim maintenence

 
Reply   
 

sir its not impractical  story i am suffering from this situation and each word i wrote is true

 
Reply   
 
LEGAL

Adultery can be a reason for granting divorce, says Bombay High Court The Bombay High Court on Monday upheld a family court verdict granting divorce to a man whose wife failed to produce proof that her second child was the husband’s biological son. The court’s decision came after it had noted how the wife refused to go through a DNA test. Adultery can be a reason for granting divorce, says Bombay High Court. According to the petition filed in the family court, the couple was married in 2002 and the wife shifted to her parents’ home in June 2005 after contracting tuberculosis. However, when she moved back to her husband’s house after about seven months, she was already three months pregnant even though the two did not indulge in an intercourse during the said period. The husband who argued that the act of his wife amounted to mental cruelty, seeked for a DNA test in order to prove that he was not the biological father of the child. However, the wife did not give consent to be put through any such tests. After the family court had ruled in favor of her husband, the woman challenged the verdict by filing an appeal in Bombay High Court seeking restitution of conjugal rights. She also demanded monthly maintenance and permanent alimony for the second child. The High Court, however, noted that the woman was mandatorily required to produce evidence that her husband was, in fact, the biological father of her second child. But during the trial, the court noted that there was “no evidence to corroborate the case of the wife”. It also added that the wife’s arguments could not be taken as reliable and trustworthy on face value. “A single act of adultery is enough to grant decree of divorce and that there cannot be greater form of cruelty than this which can be meted out by a wife to her husband,” a division bench comprising of judges VL Achliya and VK Tahilramani said on Monday. “This cruelty is such that it causes mental and emotional suffering,” the bench added.
 
Reply   
 

sir i can not directly blame her though i have msg in her cell from that guys number stating he is father of child but docs chances are 50 % if any case happens and i go for dna test and if its not in my favour i will be in much trouble i think. i just want to save me from her false 498 and other allegations  and as evidence i have video and call recordings  plz suggest

 
Reply   
 
tutor

if you not having evideences then start collecting it, give application to SP ,ACP file RCR to get upper hand and just inform to and get documents copies from PS of you local area demand, if she files cases demand thorouh investigarion, go for quashing, get prepare of AB, better consult local lawyer

dont waste time, take older people of both family in confidence, go for councelling and take every thing written abut your efforts for concilaataion, etc..

these may be your safety measures for future..

good luck...

 
Reply   
 

thnks i will do that and try to talk to her and parents and possible try to record our conversation because she is the one who is not listening her parents or anyone else thanks again

 
Reply   
 
Advocate

If you are confident about her infidelity, you may once again file a petition for annulment of your marriage on the grounds of her becoming pregnant through another person other than spouse after marriage, but your suspicions have to be proved by DNA test only which can happen only after the birth of the child.

 
Reply   
 

thanks sir 

but i am not sure about it because i just have one msg in her mobile  though its its true she used to talk that guy always but i think its very risky to point about that msg in court  because i dont have any solid proof

 

plz advice sir evidences which i mentioned above can save me from false allegations of dowry or harresment

 
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