Query on wife's condonance
false_case_victim
(Querist) 11 April 2012
This query is : Resolved
Husband has explained his love affair and the wife condoned and living together but after few months when they got a small matrimonial dispute, wife filed 498a and DV (maintenance) case by collecting the love affair proofs secretly from the husband's computer and submitted to the court.
There was no proof/recording of her condonance.
Respected sirs,
How to proceed with this kind of situation?
ajay sethi
(Expert) 11 April 2012
STUD
you are in problem . even if you admitted about your love affair why did you leave traces in your computer .
as wife if she is not working she is entitled for maintenance .
as far as 498 A case s concerned have you taken dowry . youhave to defend both cases .
since your an advocate you know the law .
Sankaranarayanan
(Expert) 11 April 2012
yes i agreed with mr sethi here, he himself given evidence to your wife for proceed the case more vital.
IF she is employee then no need to pay the maintenance
Adv.R.P.Chugh
(Expert) 11 April 2012
Dear Querist,
Condonation need not be formal or on reduced into writing in as many words - it can be inferred from the totality of things - if after disclosure the wife forgives and reinstates back the husband in matrimony - Condonation is complete. However if affair carried on after that - Cruelty/Adultery revives.
Deepak Nair
(Expert) 11 April 2012
Advised well by all the experts above.
But, it seems to be a hypothetical query.
false_case_victim
(Querist) 11 April 2012
Ajay,
1) After she has taken the evidences only the condonance happens right?
The real fact is she is not interested to live with him anymore. So she filed the cases. The mobile communication between the two parties shows there was no domestic violence. She acted that she is caring him, loving him but one day filed the cases in a cunning/backstabbing manner.
2) She was a working till she filed the DVC case. As per her statement she recently submitted the resignation. the husband is trying to find out whether she is sill working or really resigned.
3) Coming to 498a or DP acts, the husband has collected some proofs that its a dowry-free marriage. And he can given me proofs that there was no harassment of any type.
ajay sethi
(Expert) 11 April 2012
ask her to submit 3 years income tax returns . it will show that she is well qualified and earning well .
you have to contest the case . prove that there is no dowry paid
Shonee Kapoor
(Expert) 11 April 2012
Fight the case on merits.
Let her prove there was no condonation.
And as per maintenance I agree with other experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 12 April 2012
He is STUDENT.
I AGREE WITH DEEPAK'S OPINION
prabhakar singh
(Expert) 13 April 2012
I think filing of 498a has no connection with condonation or non condonation of love affair.pre marriage love affair may not be a sin but after marriage it would be,if not condoned,and condonation can be also gathered by conduct as rightly remarked by Mr. Chug but Mr.Nair is also intelligent enough to guess you do not have a real problem.In absence of any proof of condonation of post marriage love affair,husband has afforded a ground to his wife for maintenance as well as ground of divorce too.
Santosh Goswami,Advocate
(Expert) 15 April 2012
Even if he condonation is proved by circumstantial evidence, it would be sufficient to rebut her charge.
