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i m crazzy (None)     02 November 2013

Steps to get safe

I got married 5 years before and my wife was having external affairs for which I have audio records and Facebook chats. She has left my home in jan 2013 and in Oct she has filed maintenance for which I have to file a reply in Dec. I just need help that what should I file in advance other than RCR to prevent my self against dowry and other cases which she can file. Please suggest me it's urgent


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 1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     02 November 2013

Respected Sir

Who told you that filing of RCR shall make you immune from paying your wife any maintenance or for that reason shall prevent you from being implicated in false criminal cases? Those are completely independent issues.They can be filed irrespective of each other.

 

AS regards to the admissibility of the facebook chats as well as the recording, there are certain provisions such as 65-b of the evidence act as well as a judgment of ther apex court which makes tape records admissible as evidence as they have been said to fall under the provisions of documentary evidence after recent amendments.

IN order to resolve yourself from this issue, fight the case with great caution. Leave no straw unturned in showing to the court that she was involved in an adu;terous relationship or that she has sufficient means to maintain herself without grtting money from you. Tread carefully and upon good advice. You may rely on the landmark judgment of Mamta Jaiswal vs Rajesh Jaiswal. 

 

Advocate Augustine Chatterjee

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