Wife trying to vacate stay on dowry case

If you have a proof of her Adultery, you can already file a counter charge of Adultery on the concerned man u/s 497, as well as a Divorce Proceeding u/s 13 of Hindu Marriage Act. Establishing this fact further, you can further utilise it to prove it in court how your wife filed a false case out of spite against you and thereafter move Malicious Prosecution case as well.

Hi Arjun, Thank you very much for the reply. I live in usa and my dad told me that in order to file case against her i have to be present in india and on top of that, if i file the case then we have to go through all that hassel to prove. I will talk to my dad once again about this. Another question is that can my dad represent me? Btw, I feel for some reason my lawyer is booked by other party and we are also planning to change the lawyer. Thank for the reply once again.

Your dad will not be able to represent you in either case. If you want to file a complaint about adultery against the man involved with your wife, you may have to do so yourself, as section 198(2) of the CrPC clearly states, "...no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said Code."

Moreover, divorce proceedings can be initiated by either party to a marriage and no one else.

Hi Raveena, Thank you very much for the information.

I agree with Mr. Arjun Kohli.Continue to be hopeful about the positive   outcomre of your case as you've proved through successful cross examination.The ultimate result/verdict of the case will be in your favor.change your lawyer and engage a good trustworthy lawyer to represent you in court.

How is that the High Court issued the stay?

Originally posted by : Raghu Kumar
	Hi Everyone, I am new to this group and also unaware of few law related words. My story Wife caught red handed having affair, so she got humiliated n filed dowry case against my family. I live in usa. Wife highly influential n millionaire. High court issued stat on dowry case but now wife put an application to remove stay on dowry. So at this stage, what can be done. I have proof of her cheating. Also, wife agreed to go for mutual in high court in front of the judge and then later changed her mind. Can i do anything about this.Please let me know if you need more information. Please help!!!!

Adultery cannot be proved as they do it behind closed doors.

You say you have evidence.  You saw them do it?

Then you are entitled for divorce.

Adultery case has no bearing over 498a case. Whehter charges are proved in 498a or not, sentence determines on varoius factors.

If adultery is proved, you can avail divorce even if she deny mutual divorce.

Court take long time to decide the adultery case, once that is proved, you can go ahead with divorce case.  DIvorce case will also take long time. 

498a case again is entirely different case, outcome of 498a case has no bearing on divorce case, or adultery case.

Even if she is milionnaire, she can ask alimony.  That again is a different case, you should prove that she is millinnaire or you have to pay alimony, if you dont, again she has options to send you to jail by getting issue warrant.

Some countries treat adultery harshly, but while it is still considered a crime in the United States, it is almost never enforced. Through the years the courts have changed or evolved in how they view divorceand adultery. Traditionally adultery was tied closely together with divorce and it was much more difficult in the past to get a divorce than today. A spouse had to prove to the court that an egregious action, such as adultery, was committed by the other spouse in order to be granted separation or divorce.  This was referred to as at-fault divorce.  The burden of proof rested with the spouse seeking termination of the marriage and evidence of wrongdoing needed to be shown.

Thank you very much for the reply and support. I will try to reply to everyone. I have proof of phone conversation and yes i know that i can get divorce based on that but i have to be present in india for that. I am not worried about getting divorce. My main concern is getting rid of 498a case on my family. She is not asking for alimony. Her main intention is to torture me. As Usha mentioned, we already changed 3 lawyers bcas they are buying our lawyers or putting pressure to quit the case. I know i am going to win the case bcas she absolutely have no proof. Now coming to the point. She is trying to vacate the stay issued by court on 498a case. What can i do so that stay remains. Is there any way i can put case against her from usa itself. I mean, my dad can represent me. I just want to drag her to the court and put some kind of pressure on her.

I believe you can issue a General Power of Attorney in your father's name to enroll a counsel on your behalf and the suitable advocate could then move a counter-application against such attempts of getting the stay vacated. If properly countered, in my opinion, the court shall stick to its present situation. Moreover, you can use your inability to move to India as a very credible ground in itself to keep the stay order alive, again, in my opinion. 

Hi Arjun, My apologies, since i dint get any reply, i forgot to check the website. Tats awesome point. I will discuss this with my lawyer and get back to you as early as possible. Thank you very much.

Great! Feel free to discuss any other issue over which you have any doubt, here on the forum itself.