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s kumar (not)     26 February 2014

Wife's adulterous

Dear All,

I was married 4 years back, we have one son, from last two years I am facing too much adultery by my wife and every time I handle  it with cooperative mind and avoid to increase disputed with keep silence myself. Now her parents, her sister, sister’s husband and herself are giving threats to me for applying on me and my family 498 and some other sections. I protest them strongly for it and after that three months before  my wife is gone in her parents home with all the ornaments and many things given by my and her family . Now she don’t want to come back. Then now what should I do  for safety of me and my family . Should I give any legal notice  to her, how can I proved in court that she gone with all ornaments .  How can I prove her adultery because no one  witness or any documents for it, only arguments was done between me and her , what court will accept only my talking. What she claim in my father or grand fathers property?



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 8 Replies

great india (manager)     26 February 2014

1. You should have collected evidences for the same. 2.now be ready for a 498+ dv+ maintenance case. 3. Lodge a complaint in local p.s. of theft and threat against you naming all those i volved. 4. This might help you in counter attack and bail if situ arises. 5. A legal notice will invite her to your house to file cases against you. 6. If you sure of no patch up then be prepared.

I need guidance now. (Harassed by Wife and her family)     27 February 2014

wait for 1 more year.. after 5 yrs she cant file 498a.. :D

vishak (manager)     27 February 2014

is it mentioned in law that after 5 years 498a cannt be filed?

I need guidance now. (Harassed by Wife and her family)     27 February 2014

not sure. but have hurd some where. need some expert to reply. 

But i would like to give you best sujestion.. call her for marriage councelling center. try to resolve the issue there. so that you will be safe from DV and 498a.

Advocate Ravinder (Advocate/Attorney)     27 February 2014

I disagree that after 5 years 498a will not be filed.  At any time wife can file 498a case against husband.  There is no time limit unless divorced.

 

She cannot claim your property nor your grand father's property.  She can only claim maintenance under Civil law and Criminal law.  Apart from that nothing she can claim.

dr.pawan rajyan (member and secretory)     28 February 2014

498a can be filed even 30 years after marriage.collect evidences.wait for 1 year of sepration before filing divorce.she can file 498a,406.dv.125  you only can defend yourself.

Biswanath Roy (Advocate)     28 February 2014

Stating the facts elaborately you can file a written complaint in the local police station addressing the Officer in Charge with a forwarded copy to S.P. of your District alleging that your wife and her family threatening you to lodge complaint u/s.498A IPC and Domestic Violence Case against you falsely  and giving such alert for mischief and you are apprehending that your wife and her family may cause some mischief by cooking up some false allegation with some ulterior motive.

Direct evidence of the fact of  adultery can rarely be possible.  It has to be inferred  from circumstances but the circumstances must be such as to fairly justify the inference that s*xual intercourse took place.  It is a fundamental rule that it is not necessary to prove the direct fact of adultery, because if it were otherwise, there is not one case in a hundred in which that proof would be attainable.  It is very rarely indeed that the parties are surprised in the direct act of adultery.  In every case almost the fact is inferred from circumstances that led to it by fair inference as a necessary conclusion.  The only general rule that can be laid down upon the subject is that the circumstances must be such as would led the guarded discretion of a reasonable and just mind to that conclusion.

ADVICE

YOU MAY FILE AN APPLICATION FOR RESTITUTION OF CONJUGAL RIGHT.

T. Kalaiselvan, Advocate (Advocate)     01 March 2014

First of all how did you infer that she indulged in adulterous acts? Do you have any strong reasons to believe that she lived an adulterous life while staying with you?  the simple suggestion is that, send a lawyer's notice narrating the facts and circumstances that led to her deserting her matrimonial house along with her ornaments and other belongings, please note to mention that her adulterous nature of character too while living with you, with a mention about the name (if known and possible) of the person with whom she was in illicit relationship then, after mentioning all these, you may state that your are ready to admonish her and accept her into the matrimonial fold once again.  This legal notice may protect you  as a shield for her all outbursts that may may follow in the name of false criminal complaints/actions against you, also will pave way for a legal solution thereon.


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