Hi There, I'd a arrange marriage 2 years ago. Due to my MIL's Ego, Abusiveness and wrong preaching to my wife, we had issues from day one of our marriage. My wife & her mother both use to scare me and my family members to file false cases on dowry harassment & DV and put me and my parents behind the bars. I also moved from my parents to a different rented house only for her. From past 9 months, i'm away from my wife and she filed complaint in Vanitha Sahayavani in Bangalore. I'd just a crush on someone else during my college days and my wife knew about it. At Vanitha Sahayavani when councellor asked me that your wife has told us that you've external affair and you know her from college days. I said it was just a crush to make it as simple as we all like Aishwarya Rai and so on celebrities, it's just similar to it. Moreover, I don't have any details of her and it's been ages that i've seen her atleast. Now with trusted source, i got to know that they are filing case against me as I've external affair hence i'm staying away from my wife. Do my wife get any acknowledgement or any such written copies from Vanitha Sahayavani? Can that statement really harm me? If yes, how to protect myself? Thanks in advance for your suggestions.
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1)your wife has to prove allegations made of extra marital affair
2) you must deny the allegations
3) even if wife obtains copies of your statement before counsellor it would not harm you as it merely states you had a crush . it does not prove you had an affair
4) counselor report would not be furnished to wife
1. Do not worry as mere allegations has no force in law. The allegations to have force must be proved and crush on someone is no extra marital affair.
2.The acknowledgement from any body is not going to help her anyway in court of law.
3.Since case is filed you have to conterst it on merit.
4. Without knowing further details of the case , if filed, already no further line of action can be advised.
Hi
1) Having a crush is different from having an extra marital affair.
2) The counselor at vanitha sahayavani would have just recorded what would have been stated by you and would also have stated that the claim of your wife is wrong.
3) Your statement to vanitha sahayavani will NOT harm you.
4) For proving extra marital affairs, your wife must provide strictest proof( hotel bills of you and other person staying together, getting caught red handed in compromising position etc are strictest proof).
5) Also extra marital affairs/ adultery cases can only be filed after the court takes cognizance of the offence and these cannot be filed by mere statement / claim made by your wife.
6) Filing a DVC or 498A case is easy where as filing a case of extra marital affair/ Adultery is very tough unless and until your wife produces solid and conclusive evidence.
So no worries.
It is never wise to speak truth at all times, more so when you are facing a legal proceeding. Be that as it may, if she files a civil or criminal case against you she will have to prove the extra marital affair which she has alleged. Without perusal of the actual statement given by you it is not possible to say if it can go against you.
Hello Mr Ajay, Mr Devajyoti, Mr Rajgopalan & Mr Ashish. Thanks for your valuable feedback. On recommendation of my lawyer i've applied of AB and obtained Interim Order for Alleged Offences P/U/S 498-A, 506 of IPC and Sec 3 and 4 of DP ACT by a said PS. Now, she is preparing to file false case against me as Dowry Harassment, Domestic Violence & EXTERNAL AFFAIR. If she file as External Affair, Am I safe with the above said sections or will i be harmed/jailed? Also please suggest the formalities of the Bail Procedure at PS. The interim order which I hold is good enough for other PS in the city or will it be valid only for the said PS which is mentioned in the interim order.
1) you would not be jailed as you have already obtained AB for offences under section 498A, 506,of IPC and section 3, 4 of DP act
2) generally you can apply for AB only after filing of FIR but it appears you have obtained AB before FIR is filed
1. If the case gets filed against you the law will take its own course, meaning thereby that the onus to prove the allegations will be on her.
2. If the bail before arrest is granted you cannot be arrested and detained.