Step against my advocate wife
Querist :
Anonymous
(Querist) 29 November 2011
This query is : Resolved
Ld. Friends,
My lawyer wife filed false 498A against me. Fortunately from HC the 498A had quashed.
Now I want to take step against my wife. I want to cancel her Bar Association License for ever , suit defamation case u/s 499 & 500 & want to see her in jail.
Please help me how to proceed?
ajay sethi
(Expert) 29 November 2011
dont be vindictive . move on in life . if she ahs filed false 498 A case you have got justice from courts .
advisable to obtain divorce by mutual consent rather than waste your time in running around courts and spending on legal fees .
her bar assocation licence wont be cancelled .
Shonee Kapoor
(Expert) 29 November 2011
Are grounds for defamation made out?
Just quashing is no ground for defamation.
Check with your lawyer about the same.
Though, it is better to resolve differences amicably.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajeev Kumar
(Expert) 29 November 2011
Agree with experts and settle it amicably
shrikant
(Expert) 29 November 2011
Great Advice by peace loving learned experts
Devajyoti Barman
(Expert) 29 November 2011
Yes, mere quashing of criminal case alone is not aground for defamation.
Your wish to get her license cancelled does not appear to be very promising.
Raj Kumar Makkad
(Expert) 30 November 2011
I slightly differ with the opinion of various experts that the mere quashing of criminal case is no ground for defamation. When a woman cries out foul, she isn't always speaking up against the tyrannies of patriarchy. Sometimes, she is faking it - manipulating the law to cover up for her extortionist tactics.
Surinder Mohan v. Asharaj 1978 (2) SCC 403 (SC)
2.
Querist :
Anonymous
(Querist) 30 November 2011
Ld. Friends,
Thanks for your opinions. But for your kind information she created very very unprecedented situation. We almost lost our reputation. More over being a lawyer how she created these kind of unprecedented situation. Her main allegation was me physically unfit to maintain conjugal duties.
But medical tests says other.
I have all documents to prove myself clear in front of court.
Now tell me should I leave her?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 November 2011
If you have time and money than only go for that journey since other issues which are now under the carpet will also crop up.
ajay sethi
(Expert) 30 November 2011
yes although she has made allegations that you were impotent the medical tests have revealed other wise .
if she is willing to agree for divorce do it by mutual consent .
even if you file case for defamation it will take ages for final verdict from court .
Sailesh Kumar Shah
(Expert) 30 November 2011
agree with views of both experts on subsequent query as well as first query.
M/s. Y-not legal services
(Expert) 30 November 2011
if you are aggrieved and intention to take revenge, no one can control you., if you feel that you have prove your case mean proceed with defemation proceedings.
since she is an advocate she can break your case easily.,
professionally she is stronger than you.,
Querist :
Anonymous
(Querist) 01 December 2011
Ld. Friends,
I fully agree with your opinion. But how will pay for our harassment? She lived with me only for 3days. Then tried to do "Nullity" in the ground of impotency & demanded 10 Lacs of rupees from us. Then surprisingly filed 498A.
Now they try to resolve this matter by mutual consent.
Ok I will divorce her by mutual consent, but you (all) say should I leave her without taking any action.
Agreed that she is an advocate but junior, but she has no evidence against me till date.
Please tell me how to cancel her bar association license as she was very proud of her advocacy.
prabhakar singh
(Expert) 01 December 2011
I am seriously understanding your all grievances but what ever she has done to you
rightly or wrongly all is an act of wife against her husband.
Bar council takes action against any advocate
'only when advocate has committed some misconduct as an advocate'
Devajyoti Barman
(Expert) 03 December 2011
You can file a civil suit for damages then,
