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Indian sufferer (professional)     25 May 2014

Adultery

My DV Case dismissed i have filed divorce based on mental crualty. CRPC 125 she filed i have taken stay in HC.

Now she filed new case he is leaveing with some lady illegaly but in DV case she is not proved any of these points in dv she told he is always speaking with some lady by phone.Is it sufficient to prove adultry..

now she went to other city family court  and filed he is leaveing with some lady x.But x old  lady is my family friend  issued summons to my address.

What i have do now.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     26 May 2014

She has got to prove the allegations in the court especially the allegations about adultery.  So wait for the summons from court and challenge the case appropriately.

Dr J C Vashista (Advocate)     26 May 2014

Indian sufferer, although a man as I could make out, from the snap as well as statement, inter alia that

"My DV Case dismissed i have filed divorce based on mental crualty. CRPC 125 she filed i have taken stay in HC."

Since the provisions of Protection of Women from Domentic Violence Act, 2005 (in short DV) is maintainable and applicable in favour of women and not men.

Incomplete information and vague query.

Engage a local lawyer

Adv. Chandrasekhar (Advocate)     26 May 2014

Mere telephonic talk with some other lady does not prove adultery.  What is the fresh case she filed?  If she filed again DV, with the same pleadings, then resjudicata is applicable and her case is not maintainable.  If she filed some more fresh allegations alongwith already unproved allegations, then DV case is maintainable.  You said, you got S.125 stay, which is a bit surprising to me.

Adv. Chandrasekhar (Advocate)     26 May 2014

On further thought, I want to further advise that if you have or interested to have extra-marital relationship with someone and your wife's suspicion is not unfounded, then you go for MCD and get divorce.  If her suspincion is completely baseless, try to make her understand her folly.  If you fail in your attempt, then contest DV on preliminary grounds as well as on merit.  Before parting with your query, let me clarify something.  Adultery in practical sense is not that what people commonly understand and legally defined - to have physical relationship with some other woman, who is not a spouse.  Adultery means,  to adore some other woman in heart or smitted by her, even though you have no physical relationship.  This thought itself smoulders the legally wedded spouse raising scope to file DV case.  As you know the facts, you are the best judge to take appropriate steps legally and morally. 

K.K.Ganguly (Advocate)     26 May 2014

1. The summon issued to 'X' sent to your address should not have been received by you,

2. The postman would have given note saying 'does not reside' on the envelope which would have been an evidence in your support,

 

3. However, contest the case fittingly,

 

4. It will be impossible for your wife to prove adultery unless you give her some room. 


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