498 dv

One can't stop them to file lawsuits. For now, inform the police by written application that wife is not with him since last 4 months. This recommendation is not for this case alone. This recommendation one should follow in this type of situation where wife live separate from the husband. Because if wife faces any misfortune, then the husband keep themselves from direct blame & legal torture.

No valuable views can be expressed until I cognize about the pics in details. Call recording/history will not be suffice.

Regards,

Ekta

full facts are not there

Some photographs of two person together doesn't mean they are indulging in extra marital s*x, unless the photographs show the same.

Verbal conversation, recorded between two person(man and woman) also will not show they are indulging in s*xual activities, unless they are admitting this and in that case too, the proof of the verbal recording has to be established through proper forensic process.

Admission of one person(father of wife) too is not sufficient proof that actually the daughter/wife was indulging in extramarital s*xual relationship with another person.

To establish the case of adultery against the wife for obtaining divorce sufficient evidence required that is not showing in this case.

The DV complaint by wife against the husband can provide her only four things from him, custody of minor children and their maintenance, monthly maintenance if she has no means to maintain her, right to residence at the cost of husband and protection order against him if he is found to be indulging in acts of domestic violence, under this protection order the husband has to remain away from the wife at the place of her residence and work. Nothing more a wife can seek here under the D.V. Act.

Hello,

All thanks for your valuable reply , i know under this kind of situation recourse available to lady is filing false DV case which they might file , but when they file such  false allegation , can this kind of evidence of acceptance of this kind of relation by father , compromising pics etc can use as defend as such after 7 years of marriage life one fine day lady says she is mental tortured can this kind of counter proof helpfull to weaken case in eyes of law??What are valid ground under which she can prove DV i mean what kind of proof needed??Is it that easy to prove 498 A as such its a criminal case and solid proofs are required??Hope to hear soon from all you expert.I understand this false case are money extortion tool nothing beyond the same.Court Orders Maintaince or Allmony??

Since you caught her in compromising positions pics, then try to show that she is living in adultery. It will make the prosecution's case fatally weakened.

Mostly in the court the allegations made in the 498A are proved false as the witnesses are partisan or interested witness.

Mere allegations of asking money/dowry will not suffice, there should be incidents where witnesses can state that she was forced out of the house, if she was beaten up, any treatment or medical consultancy papers, NC lodged of the incidents etc. Onus of proof rest on the prosecution. If a wife makes a statement that she was beaten up in your cross examination you should ask her whether she filed any police complaint in this regard, did  she visit any doctor for medical treatment, wife alleges dowry was demanded whether any police complaint was filed of dowry harassment? How was the alleged sum of Rs 1 lakh given? Any emails / letters on record wherein such demands were made? If you don’t cross examine on these issues evidence would go in uncontroverted

As per Section 4 of Section 125 of the Code, “No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent“.

Hello All,

Well for some reason not possible to upload picture , but pictures are more like what usually husband wife click together,Where girls left chick touches guy right chick and they hold each other in such manner like guys hand is on girls top upper part can this kind of picture helpfull to get read of false DV case since no husband like his wife to have pics in such position with other man.And since ladys this pics got caught she left my friends place 4 months back my friend is not in touch with her since last 2 months and now she is threatening by way of legal notice to file false case by putting N no of allegation against my friend and his old parents.This is like doing wrong and then filing false case.Your expert Answers please.

This is not sufficient evidence of adultery. It sounds, like someones pics with friends. The position of the hand may be unintentional.

Hi

Ektaji if there are 3/4 pics like this can this help , this friend of mine asked for her call log which she refused to give.She has changed her number as well and pics are in pvt place like hotelroom and not in open public place.Apart from this my friend has taken email back of whats app of his wife and his where she has agreed that she used to threat friend of mine that even if he will touch him her father will come with pistol will this whats app chat be usefull??

No valuable suggestions can be expressed until I see the pics.

Prima-facie, these artifacts have no such evidential value.

No, these pictures cannot be utilized as evidence. The plaintiff is the wife not her brother.