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sirish kumar (others)     26 October 2015

Admissions divorce 498a

i1 filed divorce within 3 months of marriage.I admitted in divorce case filed by me that v used to have some rifts between me and my wife and i left her alone and went away to my parents without informing her. i filed divorce within 3 months to marriage alleging CRUELTY AND MENTAL DISORDER on part of my wife. 

but it got dismissed and instead judge wrote in judgment that i harrased her. i appealed to high court. apeal pending.

Now i want to know

1) Whether my wife can prove admissions made by me in divorce case in her 498a?  My lawyer told she cannot use them as there is no provision in evidence act,(he said something like man alive so no admission prove donly dead person can be proved)  but one lawyer told me that she can use them as it is relevant to the case. 

2) Can she give  judgment copy as evidence and show that i tortured her?  My lawyer is saying that it is useless as appeal is pending in higher court and she cannot do it.

 please reply.....

 



Learning

 15 Replies


(Guest)

You have to ask your wife and her lawyer :-))

prabhakar advocate (advocate)     27 October 2015

Whatever you wrote in your divorce petition and the judgment in divorce case can be filed by your wife in any case she files.  She can use those statements in her favour and against you.  Whether those staments amount to "admission" or not depends that what exactly you wrote in your petition.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 October 2015

Rightly suggested and analysed by Adv Prabhakar

Sudhir Kumar, Advocate (Advocate)     27 October 2015

1) Whether my wife can prove admissions made by me in divorce case in her 498a? My lawyer told she cannot use them as there is no provision in evidence act,(he said something like man alive so no admission prove donly dead person can be proved) but one lawyer told me that she can use them as it is relevant to the case. ------------------------------------- YES IT IS EVIDENCE AGAINST YOU.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 October 2015

Was UR lawyer present when U made those admissions?

sirish kumar (others)     27 October 2015

hi sir! my lawyer was there when i made admissions.

sir my lawyer says she cannot use a single piece of paper from divorce case as evidence in 498a as both are different and judgment of family court as the ppeal pending is valueless. is t true or not?

SAINATH DEVALLA (LEGAL CONSULTANT)     27 October 2015

U were ill adviced initially for filing for divorce just after 6 months of marriage.UR query clearly illustrates nothing but demerits on UR part,even deserting UR wife and running to UR parents,hence the divorce was dismissed, paving the way for criminal cases by UR wife.I don't think even the appeal in the HC would be fruitful.This is my opinion.

Sudhir Kumar, Advocate (Advocate)     28 October 2015

better bend and mend.-------you are not in 17th century-----you ay have challenged the finding of the court but you cannot challnage you own admission that you were cruel and unjust ------------ your admission made before one court can certainly be used as evidence in another court

Sudhir Kumar, Advocate (Advocate)     28 October 2015

You have not done sufficient hard work for spoiling your life. But you are near the mark. Still you have chance of salvage.

SAINATH DEVALLA (LEGAL CONSULTANT)     28 October 2015

Hope ghe querist has received sufficient input,to try to come out unscathed,at least partially.

silpa   29 October 2015

sir dvc,mc  and 498a, is filed in court in 2010 from there we r seperated i am having two children i have won mc case and dvc case but as per 498 a the respondents came for compramise and asked us to with draw the case on them . by the mediators we have an agreement tht we should not interfere in each others matters and grant divorce as soon as possible ,we agree to with draw the case on the respondents .after withdrawing the case  we filed for mutual concern divorce in family court but the respondent is refusing to give divorce ,before withdrawing the case we have a written bond agreement on each parties , and also he himself admitted in the court that he is going to give divorce as per the agreement so if he is not going to give me divorce how can i take an action on him  pls kindly suggest

SAINATH DEVALLA (LEGAL CONSULTANT)     30 October 2015

Silpaji,

Post UR problem in a new thread

T. Kalaiselvan, Advocate (Advocate)     01 November 2015

@Sirish Kumar:

Firstly you have been misguided by your lawyer to file a divorce case within one year from the date of marriage, for filing a divorce case within one year from the date of marriage, one has to take permission  from the court by filing a petition under section 14(1) of HMA, 1955 if the marriage was solemnised under Hindu religious rites.

Your lawyer has been continuously misguiding you that she cannot use your own case and submissions in the divorce case as an evidence against you in the 498a or any other case between you both.   It appears that you need to change your lawyer immediately or else he will make sure that your future and life will be ruined due to his half baked knowledge. 

T. Kalaiselvan, Advocate (Advocate)     01 November 2015

@Shilpa:  For posting your query you should start your own thread and should not post them in others thread.  The reply given to others will be confusing and misguiding to you. 

Now to  your query, the respondent's attitude is not  strange, he will first try to save his skin by hook or crook, once it is over he be reluctant to keep up his obligation or promise.  No problem, even now you can continue the same 498a case or can lodge another fresh complaint on the same grounds that he once again started torturing you with the same cruel acts after you were convinced to withdraw the previous complaint on false grounds.  This will certainly create a constant fear in him so that he will rush to the negotiations very seriously this time and after having got your desired object fulfilled, you may think about the fate of the fresh complaint then. 


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