DIvorce HMA 13 A
Vivek
(Querist) 11 March 2014
This query is : Resolved
Sir
(a) my wife filed divorce against me under HMA 13 a
(b) Honorable court ordered me to compensate 4lakhs of rupees
(C) i deposited the said amount
(d) after two months of settlement i came to know with solid proof that within first year of our marriage before filling for divorce she has been living with another man.
She HAS COMMITTED ADULTRY TYPE ACT
i did not knew at that time now i have solid proof what action i can take against my ex wife???
Vivek
(Querist) 11 March 2014
She has mentioned a lot of fact in court wrong pretending of staying at parent home while she was staying with a man in other city!! Based on this false affidavit supported by her parent also ,so of them made false statement that she was with them now i have proof that she was with a man!!
can i take legal action against all of them ?? I have just paid 4 lacs of rupees and 3 years of stress. Sir plz suggest me what basis i could get justice??
ajay sethi
(Expert) 11 March 2014
it is too late . marriage has already been dissolved . during subsistence of marriage you could have filed case of adultery against her lover . in any case she would not have gone for jail for adultery . law regards the lady as a victim .
Devajyoti Barman
(Expert) 12 March 2014
Yes, it is too late now.
The solid proof you are saying may fall short to prove her adultery.
Better end this case and forget the chapter.
Raj Kumar Makkad
(Expert) 12 March 2014
No legal action can be initiated at this stage as marriage already stands dissolved and you have legally no relation with her.
V R SHROFF
(Expert) 12 March 2014
your matter is over, you cleaned your house removing filth and dirt.
do not try to smell it ANY more.
FORGET IT.
Rajendra K Goyal
(Expert) 12 March 2014
better leave the matter now. dissolution of marriage has taken place. No action can now be taken. Start your new life.
Guest
(Expert) 12 March 2014
Dates of judgment and its implementation matters much. You have not mentioned any in your query.
Further, if you can easily prove adultory, you may better consult some local lawyer, other than your previous lawyer and show him all the case related documents along with proof, which you have about adultory.
T. Kalaiselvan, Advocate
(Expert) 13 March 2014
If you have filed the divorce case under the provisions of the quoted section and you have been made to settle the said amount as a result of mediation or compromise arrangement, if you are confident enough about the evidence in your possession to substantiate your position, and to revoke the settlement and get back the amount, at this stage, you may try the option of appeal but explore the possibilities by consulting an expert lawyer by showing all the evidences in your possession about this option.
T. Kalaiselvan, Advocate
(Expert) 13 March 2014
Besides my above opinion, I would like to add that u/s 25 of HMA, the right to get maintenance remains unaffected by the ground or fault found on the part of applicant, on the basis of which decree of divorce was passed.
However, the order awarding alimony(in your case the settlement amount can be considered as alimony), is appealable u/s 28 of this act,if the ground mentioned in section 115 of CPC are made out. In appeal, reappraisal of evidence can be made by the Appellate court.
