Naveen (COA) 21 August 2010

Section-125 HMA Maintenance, Section-498A

Hello,

I have been married for about 1.5 years with no kids.

My wife had some past relations with a guy and that remained for about 11 years of long time but they did not get married.

I came to know about their relations before my marriage, but i overlooked it with a thought, that everything would go fine with the passage of time.

But this did not happened, she continued talking to her on phone and meets him when i was in office after marriage. I stays in Delhi whereas my family stays in a different state. There was no one to watch her.

When i came to know about it, i objected and this started causing creating tensions and fights between us. Her mother knows all about this and supports her all the time, whether it's right or wrong.

All because of this, Once, she tried to commit a suicide and slashed her wrist with a knife, I took her to the hospital (i do have the hospital bills). But last week i got a court notice (Kutumb Nyayalay) with Section-125, where she puts all blame on me saying my husband tried to kill me with knife. The instance took place in Feb 2010 and she was living with me thereafter till April and then her parents took her away for a month and then she came back and was living with me till July 24.

She also put an allegation of Dowry demand by me and my parents and my other relatives.

My wife has now filed a case under section-125 HMA for monthly maintenace. Whereas, I still wants her to come back and stay with me, but they want to have everything in black and white.

She has been living seperately since one month, but the court notice reflects, that she is been living seperately with her parents since April 2010.

She's also blaming my parents, my brother and the my other relatives for the Cruelity and threat to drag us for Section 498A.

I have few proofs to submit:

1. Past emails and messenger chats (dirty)
2. Phone bill, which reflects she used to talk to him overnight (after marriage)
3. Her dirty photographs with another guy (after marriage)

Please help and advise as what should i do now.

thanks!

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17 Replies

Adv Archana Deshmukh (Practicing Advocate) 21 August 2010

Appear in the case and contest it. A wife living in adultry is not entitled to maintainance so, if you can prove adultry then, you won't have to give any maintainance. You can also file a complaint for criminal intimidation, if she is threatning you with filing false criminal cases.

1 Like

Arup (UNEMPLOYED) 21 August 2010

1. Past emails and messenger chats (dirty)
2. Phone bill, which reflects she used to talk to him overnight (after marriage)
3. Her dirty photographs with another guy (after marriage)

SUFFICIENT TO PROVE ADULTRY.

IN CASE OF ADULTRY, SHE WILL NOT GET MAINTENANCE.

HAVING SEX WITH A MARRIED WOMAN, IS PUNISHABLE U/S 497 OF IPC.

HUSBAND CAN SUE THE ADULTRATIOR, BUT NOT WIFE.

(Guest)

getting divorce on adultery is easy but not prosecution on adultery gronds

(Guest)

only future adultery can get u divorce, past can also have a corroborative value. but no maintenance if can prove adultery and there are several citations ion this regard u/s 125 crpc

sibasish pattanayak (lawyer) 22 August 2010

hi naveen ji,

yes, u r in big touble in ur matrimonial life , i m agrred with archana ji & avinash ji,that appart i can suggest u to serve a legal notice upon THAT GUY For damage & cost due to loss of ur married life, social life ,corporal life and career, it will help u to manage divorce ,separation.

regards,

SIBASISH PATTANAYAK,

ADVOCATE,

09874854594/09477090999.

(Guest)

You have a strong evidence and in your case wife living in adultry is not entitled to maintainance.so dont worry.

Appear in the case and contest it..

Naveen (COA) 24 August 2010

Thanks All,

My advocate advised me to go for Section-9 in order to ask her to come back to home and stay with me and if she denies, She would not be liable for the monthly maintenance.

But, am sure... she would then defilnitely go and file a case against me for Section – 498A.

How I could be able to on the safer side?

The Chat and emails, i have as proofs are before my marriage but yes, the photographs and the phone bill is of after my marriage.

Would it really help?

Thanks!

(Guest)

do u want to live with her for life?

Naveen (COA) 24 August 2010

No, I cannot spend my whole life with her. I tried a lot to make her understand.

Finally i want divorce as soon as possible.

thanks!

(Guest)

dont call her back. change ur advocate he is not honest/ fool. to save u from paying her maintenance he may land u up in 498a and dowry act. file divorce immediately on grounds of cruelty, adultery

(Guest)

1. And if she now files for S. 498a IPC post divorce filing then it will be construted as 'counter blast" so relax and take first movers advantage as you have sufficient proofs and now even 1-2 acts of cruelty are sufficient to get a decree in divorce.

2. Advises of ld. members, Arup ji, Ms Archana and Ms. Kaur and Ms Suchitra are quite clear on legal steps.

Hari_Narayana (Learning...) 07 July 2011

My wife do not co-operate much s*xually. Adding to my fate she got all

1. My emails and messenger chats of Adult/s*x sort of with couple of girl friends (before and after marriage)
2. My Phone bill, which reflects my calls / SMSes to one of the above said girl frends (after marriage)

3. There is no s*x happened with any lady after marriage.
4. No dirty photographs with any one (neither before nor after marriage)

she filed a 498a,406, 420 keeping all my relatives along with my old age family members. To be frank the lady and her family members are very cruel and harsh and always adament in answering.

Shall I apply for divorce immediately before I recieve court summons?

Naveen (COA) 12 February 2012

Hello All

After she filed the case of Section-125, i also field a case for section-9.

She then withdraw her case and me too withdraw the case. We both lived happily for 1 year thereafter.

I am now started facing the same problem once again, we recently got a baby boy this January.

She's living with her parents since October 2011 till date. Her mother is not allowing her to send back to Delhi and she also refused to come back. Her mother is really a headache for me always keeps brainwash of my wife.

I want her to come back Delhi and live with me. In front of all peoples she agrees to come but but she refuses on phone/face to face.

Please advise if i should go for any legal action, if yes, what can be done? I want my mother-in-law not to interfere in my personal life.

thanks for your suggestions.

regards,