Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ram Singh (fsdffsdf)     06 April 2011

wife is living with other person

My wife filed against me and my perents a case of 498a. I applied quashing FIR in HC. My case transfer to medation center. She is demanding large amount of  money for settlement the mettar.

She is Blackmaling me. Pay or move for jail...

I am not in condition for pay money.

I have some message for my wife side  and photograph evidence that she is living with other person. and enjoying her life without any divorce.

How to i can get benifit in my case ??



Learning

 7 Replies

M.Sheik Mohammed Ali (advocate)     06 April 2011

once you married a women you are liable to pay to life either permanat or monthly basis, if you know she is living with other man, you can prove it, either concluded evidence must, no photo copy, the court ask primary evidence, either ration card voter id,

rohit jain (Legal Consultant)     06 April 2011

I agree with sheik mohammed ali

Ram Singh (fsdffsdf)     06 April 2011

Means my wife can enjoy her life with any person ??

I can't do any thing ??

Ye kaisa insaaf??

Shantibhushan (Advocate)     06 April 2011

 

Mr. Ram

According to your case you can can take following action;

If your wife is demanding large amount, you get that demand on paper by writting a letter to her asking for settlement as per high court order without referring any amount. If she replies,  you  can use her reply/demand against her, but if not replied you can try it out by recording her statement by a electronic device like your cellphone or other and keep it, which can be used against her.

If your wife is living with other person you can file a complaint under adultery against that other person for having s*xual relationship with your wife provided you can prove it and you are not divorced.

After doing above things you can file an application in your writ petition before high court stating all the facts of her demand and also facts of her realtionships with other person and pray for necessary direction and seek interference of judge in arriving settlement amount if court is inclined to settle/quash the complaint. 

However, the offence u/s 498a is not compoundable and non bailabale. Hence, if court could not settle it you have to contest it before trail court.

If divorce petition filed and pending, you can contest it on the groung of adultary. 

Arup (UNEMPLOYED)     07 April 2011

mr ram,

collect the evidences & witnesses, keep it carefully. yr wife's  boyfriend liable to be punished u/s 497.

https://www.lawyersclubindia.com/blog/show_post.asp?blog_posts_id=450

do not break the communication with your wife. encourage her to communicate more matters to you. all these may be used against her. these are valuable documents for you.

i understood tthat these creats mental pressure upon you. please just bear it for future. do not abuse her - your communication also recorded by er. thanks.

rakesh ajmera (advocate)     07 April 2011

Mr. Ram

try to sattlement with her if you do not collect evidence.Law is with your wife.

Shailendra prasad singh (Lawyer)     07 April 2011

Mr. Ram

                       Arup sir rightly advice you, please follow the instruction of arup sir.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register