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harassed_12345 (NIl)     27 September 2015

Advise pls

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 ?



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 5 Replies

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

Sir sorry for incomplete question. I am the husband of wife. We are staying separately since when adultery was noticed . divorce on ground of adultery is filed immediately after adultery was noticed in form of hotel checkin with her colleague for 2 nts where they gave identity proofs and stayed in same room for 2 nights while lying to me that she is at her matrimonial home. In retaliation she filed false 498a and cr was prepared by police which later accepted by police. Trial for divorce is going at my native place for last one year but but private complaints has not been filed so far since it is in another city and I couldn't make it ... Pls reply

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.


(Guest)

If you prove her adultery, no need to pay her allimonny.

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. 


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