Is it necessary if divorec is filed on ground of adultery, to file a seperate private complaint . actually adultery commited in another city and as per my advocate we have to file private complaint there only ?
harassed_12345 (NIl) 27 September 2015
Is it necessary if divorec is filed on ground of adultery, to file a seperate private complaint . actually adultery commited in another city and as per my advocate we have to file private complaint there only ?
SAINATH DEVALLA (LEGAL CONSULTANT) 27 September 2015
Are U the wife or the husband? Both of U are staying together or separately?
harassed_12345 (NIl) 27 September 2015
prabhakar advocate (advocate) 28 September 2015
Not at all necessary. And also do not waste time and money to file private criminal complaint against the paramour (against wife criminal complaint does not lie), as the evidence required in criminal case is uphill task and you necessarily fail to bring such evidence before court and the fall out is your private criminal complaint be dismissed and boosts your wife's position in divorce case. So, again at the cost of repetition, do not go for private complaint. On the other hand, put all your efforts on divorce case on the ground of adultery and I hope, you might have made the paramour as co-respondent along with your wife. Here, the evidence required is only "probability" and courts very well know, that a spouse files adultery allegation against other spous, there is remote chance for rehabilitation and grants divorce to liberate both the tortured souls. Play divorce case meticulously placing all the available documentary and oral evidence before the court to succeed in the case.
T. Kalaiselvan, Advocate (Advocate) 04 October 2015
Well advised by learned advocate Mr. Prabakar. I concur with his views, nothing more to add except that you may follow the useful suggestions made by him in order to achieve the purposed you have ventured into.