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Raj Yadav (None)     06 October 2014

Help needed: Sufficient Evidence for divorce on ground of adultery, desertion and mental cruelty?

It was an arranged marriage and I requested that my in-laws do not give me any dowry. I even bought a car  worth Rs. 25 lakh because she wanted that car. Despite being poor, my in-laws spared no expenses in the marriage.

For two months, she refused to consummate marriage and repeatedly asked for divorce. The families knew and tried to repair our marriage. After two months, she didn't come home from office and filed a police compliant, accusing me of alcoholism, domestic violence, affair, refusing to consummate marriage and demanding dowry.

Both the families reached police station and tried to reason with her, she refused to talk. She refused to undergo medical examination. She told police that she will not go to any of the families, that she is an adult and is capable of looking after herself. She gave this in writing in a police register and both the families and she was made to sign that. That night police dropped her at one of her female friend's house. Next day she was gone from there.

We didn't know about her whereabouts. After two days, My father in law told us that she was abducted by a man she knew and she is under that man's influence (read black magic/ Jadoo-Tona). That man is fighting a divorce case as well. Her father and I made complaints of abduction against that man. My father in law in one of his complaint to police commissioner admits that his daughter was responsible for non-consummation of marriage and no dowry was asked.

3 days later, my in-laws caught a person (a friend of that man) near district court with a petition asking for annulment. He was taking it to my wife so that she can sign that. The petition had a duly filled and signed vakalatnama. We turned over that person to police and made complaints that he was an aide of that man and is abetting my wife's kidnapping. My in-laws feared that my wife may be a victim of human traffickers. Police didn't do anything. They told us that my wife says she has gone wilfully.

After a month, my father in law and I filed a Heabeas Corpus writ in High Court. We also submitted petition for annulment that they had snatched. My wife returned home after a month and we withdrew the case. She refused to press any charges when CAW cell approached her. I underwent an appendectomy and she never came to see me at the hospital. After a year, her family started demanding Rs 25 lakh for divorce. My father in law too changed his colours like a reptile.

Now after a year and six months from marriage, I have filed for a divorce under mental cruelty and adultery. I want to ask:

1. Whether the certified copies of writ petition and my father in law's complaints to the police will hold any value as evidence. What are my options if he changes his statements. Can I file for perjury? Father is law is a retired policeman.

2. Also, that man was using a phone number in my wife's name and was driving a car that was purchased in my wife's name. Later they sold that car. Her family was completely unaware of the phone and car. How do I prove this in the court? Can I ask the court to summon the car manufacturer/dealer to submit details of  purchase and service history?

3. Can chats on Whatsapp be submitted as evidence?

4. Can I file for defamation, it's been almost 1.5 years since she accused me of those horrible things.

Thank you for going through this  tedious query. Any help would be greatly appreciated.



Learning

 3 Replies

Tajobsindia (Senior Partner )     06 October 2014

@ Author,



1.
To all your questions, the straight short reply is YES except 'defamation' and 'perjury'.


2. I hope you sent a Notice of Divorce containing serious allegations of adultery of your wife prior to filing the Divorce suit? I hope you filed Divorce using S. 13 (1) (ia) HMA making that man as second respondent and your wife as first respondent?


Colly. reasoning:-

Courts has upheld instances of adultery of wife in more or less following cases which bear relevance to your alleged facts;


(a) Wife had been absenting herself from her house for some times and seen in the company of a stranger to the family of her husband without reasonable explanation or any explanation.

(b) Evidence on post-suit adultery is admissible to prove and explain other evidence given in the case and to show the character and quality of the previous acts of wife.

(c) Admission of adultery by wife father through voice recording - letter.
 

 

Originally posted by : Raj Yadav
  Thank you very much for the advice Tajobsindia,

Yes, I have filed for divorce under S. 13 (1) (ia)  But only made my wife as the respondent as my family did not want anything to do with that man. Though, my lawyer did advise to make him a party.

XXXX
 


Explanation as asked by you: 

Under Rule 8 of the Rules which was enacted prior to the amendment of S. 13 of the Act (Hindu Marriage Act).
"Co-respondent-(1) Where a husband's petition alleges adultery on the part of respondent, the alleged adulterer shall if he is living be made a co-respondent in the petition" 

XXXX

 

HC’s of almost all State's follows such Rules. Delhi HC follows it. However, check Rules followed by your State's HC under whose jurisdiction trial Court falls where you have filed the said petition.


In the context of adding the alleged adulterer as a party in the divorce, what is required to be considered is as to whether any alleged finding of adultery would adversely affect the interest of the adulterer by reason of which an opportunity should be provided to him to defend himself to disprove the claim of adultery applying the concept of the principles of natural justice. This analogy is to be applied irrespective of enacting a Rule of Law for adding him as a party to the divorce proceedings. As a matter of fact his presence in the proceedings helps better to effectively and completely adjudicate the controversy and also safeguard his interest.

 

[Last reply]

Raj Yadav (None)     06 October 2014

Thank you very much for the advice Tajobsindia,

Yes, I have filed for divorce under S. 13 (1) (ia)  But only made my wife as the respondent as my family did not want anything to do with that man. Though, my lawyer did advise to make him a party.

My father in law doesn't accuses his daughter of adultery but admits in a police complaint that her daughter was the cause of non-consummation of marriage and she didn't listen to their counsel. He even asked the police to take action against his daughter.

Now, if my father in law changes his statement in court as I suspect he would do, wouldn't he be committing perjury?

Raj Yadav (None)     06 October 2014

I have already been on two hearings and court hasn't objected as to why he is not made a party. To be honest, I didn't even want to bring the adultery charges but my lawyer prevailed over me.

In the name of evidence, All I have is, he using a phone number and a car on my wife's name and helping her in getting a divorce.  I don't know whether it would hold in the court.

Thank you once again for your counsel @ Tajobsindia


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