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Written statement against hubby

Guest (Querist) 28 November 2012 This query is : Resolved 
Hello experts,
I want your help,
My case:

Background:
Meri shaadi ke 3 saal baad muzhe pata chala ki meri wife ke kisi aur mard ke sath affair chal raha hai. maine uske bhai aur baap ko iske baare mai bataya. unhone iske baare mai kuch nahi kiya toh mai apni biwiw ko uskae mayake mai chod diya.
Kuch mahino baad unhone meri biwi ko le jane ko kaha tab maine mana kar diya aur talak ke baareme kaha.
usko kuch aur time chala gaya. jab maine kaha ke talak lena hai ya aise hi mutually shaadi todani hai toh unhone kaha ke aap yahan aao aur fir aamne samne baat karenege.
Mai, mere chacha wahan gaye toh unhone apne kuch bade logon ko bula ke muzhpe aur mere chacha pe pressure bana ke, dhamka ke humse meri biwi ko lejane ko kaha aur humse ek legal paper pe sign bhi le liye.
In that Paper : "we will not torture her daughter by physically or mentally other wise they (Her father) can file court case against us."

We know we made BIG mistake by singing those papers.but we ware helpless.

I think ke us paper ke dam par woh log aur meri biwi muzh pe aur meri family pe pressure dal sakte hain.
How can i got those papers BACK.
Please please help me.
ajay sethi (Expert) 28 November 2012
aap ko wapas aakar immediaetly letter behejna tha ki woh letter dabav me likha hai .

aapko immeidrely police complaint karnba tha .

abhi tau woh letter woh kabhi wapas nahi karenge . yaadi aapne divorce ka case kara tau woh aap par 498 A ka case kare denge .

mutual consent divorce hi sahi jawab hai .
Ravikant Soni (Expert) 28 November 2012
In civil cases this kind of paper is not admissible in evidence by virtue of section 23 evidence act.
And what I understand from ur query that after your signing of the paper, you and your wife weren't lived together. The language of the paper is in future prospect, so it cannot be treated as confession. Therefore not to worry, collect evidence as to unfaithfulness of ur wife.
Guest (Querist) 29 November 2012
@Ravikantji
She is with me at my home and she said that she will do as i say to do. But she said that she didn't know about the papers and she will do whatever to get that papers back from her father.
I have the evidence of her unfaithfulness.
I don't want to lose her but i need those papers.

Can i file any case against those papers anyhow.
Like harassment or compensation on the basis of proofs and papers.

But my problem is that we need those papers back.
She is not ready to lose me, so mutual consent is not an option @Ajayji.

any suggestions.
I know its bit complicated situation.
Kiran Kumar (Expert) 29 November 2012
Now, if she is living happily with you then why are you worried at this stage.

In order to bring out the papers from her father, its advisable dont seek any legal remedy.

better solve the matter peacefully and with persuasion.

the other question is if you are willing to keep her with you then just enjoy life.

in case you are trying to play a trick then wait for papers to come to your hand :)
Raj Kumar Makkad (Expert) 30 November 2012
Nothing to add more as all aspects of the matter has duly been discussed.
Guest (Querist) 30 November 2012
If any one has more aspects then feel free to add here.
Yes @Kiranji, You caught the right point.
I am playing a trick and i will do anything to get those papers back.
So please tell me how and is it possible to get those papers.
Raj Kumar Makkad (Expert) 01 December 2012
We experts are not meant for use for your tricks rather we provide our free services for the needy persons facing legal hardship.
Guest (Querist) 01 December 2012
No No No @raj kumarji.. I am NOT asking you to provide me or help me with any "TRICK" or any such thing. Your getting me wrong.
I want to go legally.

I am just asking you all, is it possible that they will return those papers to me.
that's the confirmation i need.
ajay sethi (Expert) 01 December 2012
they will never return the papers to you . it is their trump card against you .
Guest (Querist) 01 December 2012
Thanks you for the confirmation.
But one more question please,
How they can you use those papers.
What they can do with those papers against me.
ajay sethi (Expert) 01 December 2012

the paper written by you mentions as under

we will not torture her daughter by physically or mentally other wise they (Her father) can file court case against us."


the said paper does not amount to any admission on your part that you are torturing your wife . it only says that in future if you do that they can file case against you . so you need not worry .

Raj Kumar Makkad (Expert) 01 December 2012
Your wife can prove on the basis of those papers that she was subjected to cruelty by you and your family thus a solid ground for 498A is prepared. Similarly she can very well establish the grounds for DV Act case and moreover she can claim herself as innocent to every such cruelty which according to you is contrary.
Guest (Querist) 24 December 2012
Thank you all for valuable suggestions and comments.
Raj Kumar Makkad (Expert) 29 December 2012
Most welcome querist.


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