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rising up again (FFF)     20 April 2014

Quick questions - dv/ 488a case....plz help.

Small questions creating confusions as even different lawyers have different opinions...  hope the experts would help... 

 

1.  If the husband has an affair with an unmarried female, is it adultery ?? some lawyers say - it is and if proved, no divorce will be granted and would affect the case badly. BUT on the contrary the law (as per many internet blogs and websites) says, it is not adultery and not punishable.. Plz clarify on this !!!!!! 

 

2. Can the husband's passport be summoned by court at any point of time..? and can it also be easily impounded ? what if husbands job requires lot of international travel... , can he not avoid his passport to be impounded ? 

 

3. how to handle fake DV case ? After many fake allegations how will they prove it  ? what if they submit false reports or witnesses ?? how to handle that ? 

 

 

 



Learning

 6 Replies

advocate Avdhesh chaudhary (advocate/ legal consultant)     20 April 2014

definitly it is an offence of adultry & proved husband will be punished. It is ground for divorce available for wife. yes passport can be impounded if husband is likely to runaway from court proceedings. for brief you may call me on 0989157137. Advocate Avdhesh Chaudhary

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     20 April 2014

relation with other woman can not be proved in court and if any other  woman is name she can file criminal complaint which will be more serious..

 

Most of the DV complaints are not properly framed and hence any body can  come of it easily.

 

Passport can not be called as routine unless there is serious crime.

Gautam Kapoor (IT professional Studying Law)     20 April 2014

Adultery is difficult to prove unless  you have been caught sleeping...

Are you posing the question as the one afflicted ?

rising up again (FFF)     21 April 2014

Thank you all for your replies.... but i have read it online in many websites and this - lci.com also that adultery as per law...is with a married female and not with a unmarried or a divorcee lady. how can it be differently taken in courts ???

 

ALSO, what if it is proved that the husband has'nt had any physical relation with the wife (due to wife not allowing to do so) since 5 years..and hence now the husband is in a relation with another unmarried girl...  ?? what implications can it bring ???

 

no serious offence , still the passports can be impounded ??? why will the court do so ??? only in DV/498 A......can the passport be impounded ????

 

 

 

 

FightForCause (Businessman)     21 April 2014

Hi Rising,

Court has no authority to impound your passport.

I f u feel opposite side will ask for your passport impound then provide these jusdments to the court and argue passport cannot be impounded and u are a citizen of India and its your constitutional right to travel abroad. Argue u are not a hardcore criminal and no previous track records of crime...also mention u are ready to comply with all court's directions.

 

IN THE HIGH COURT OF CHHATTISGARHDecided On: 03.12.2008

 

Appellants:

 

Pushpal Swarnkar

 

Vs.

 

Respondent: State of Chhattisgarh

rising up again (FFF)     22 April 2014

thanks... fight for cause...!!

 

Your help is highly appreciated. please take out time to reply to my other questions too...

 

 


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