LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Palash Mukherjee (Executive)     14 October 2012

Cheating case

I am a Hindu man married few months back. My wife is staying at her parental household for the last couple of months. Right from day one of marriage till her fortnight stay at her matrimonial house, she never allowed her husband to consummate the marriage. She was determined not to have any sort of physical intimacy with her conjugal partner. Subsequently she has not even given her consent to meeting a counsellor along with her husband to address her problems. Although she had sent a reconciliation notice through her advocate, she has not taken any action after her husband responded positively to the notice. All subsequent actions and communications clearly suggest that the wife never got married for leading a normal conjugal life but to extract money from her husband. It was business for her and not about leading a maaried life. Under such circumstances, can i file a case of cheating through a criminal lawyer in an appropriate court of law? If so done, can this action of mine insulate me from false 498 cases being filed later by my wife? Also what can be the repurcussions of this action if the worst comes upon us?



Learning

 3 Replies

Tajobsindia (Senior Partner )     14 October 2012

1. Wait
2. Collect evidences first of all your such efforts to consummate marriage and her subsequent waywardness.
3. File S. 9 HMA for RCR annexing her love letter and your reply and mention afterwards no response from Her Majesty hence this RCR. That will prove you were all along right and now if she retaliates with criminal complaints then you have scored some good brownie points in eyes of Law.

 

Palash Mukherjee (Executive)     14 October 2012

As per my learned lawyer i am presently dealing with, any RCR will stand testimony to the fact that there was a normal conjugal relationship which existed between me and my wife which is not the fact. So i cannot file RCR even as a trick or ploy. R letters to my wife appealing her to meet a counsellor along with me for addressing our marital discord good enough evidence of our marriage's non-consummation?

Tajobsindia (Senior Partner )     14 October 2012

It is neither trick nor a ploy only if you are genuine in restitution or consummating a marriage in absence of any lack of it on material records for and if any case by either sides enters floor of a Court !.


RCR by husband in reference to context is “double edged sword” and depends on acumen of your ld. Advocate which side to sharpen as and when cause of action arise from HER side. Rest I leave it just there as this is just a double check enquiry now that you say you already have taken opinion from your own Mr. Ld…..

[Ask your Ld…. do you have any proof of non- consummation if she turns around and says yes Hazoor somewhere around 50 times we consummated and here see my diary.......Letter - what letter; he never wrote me a letter look empty envelop Hazoor he sends to me also did you ever sent a phonogram for non-consumation with copy to yourself asked from Postal department!]


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register