Day before yesterday under the influence of alcohol I accidentally slapped my wife as I got to know that she is cheating on me. I realise that what I did was a shameful act and should not have done it. I apologized to her in the morning but later in the afternoon she filed a complaint (on a blank paper) in the mahadevpura police station (Bangalore). The police called me, gave me a warning and told me not to do it again if I repeat then he will present it in the court. After that, he took a counter statement from me. I wrote that, it was a mistake and I will never repeat it again.I want a divorce now and she is not ready for a mutual settlement. Now my question is, in the future if she want to take some revenge on me, then can she reopen this case and file a DV case against me? I have the audio recording of her talking to her boyfriend in which she mentioned that they will go to some hotel. I need advice on how to proceed further and get a divorce.
1. Out of fit of rage slapping wife once is not a crime and there is nothing to get ashamed of it.
2.the adultery of wife was reasons enough to make you angry.
3.Now if your wife is repentant of her infidelity and is ready to reform herself then you may consider condoning her to survive the marriage which is best option.
4. If she is not remorseful then ask for mutual divorce.
5.If that is also not possible then file a divorce suit on the ground of her adultery.
Dear Concerned,
However this complaint filed by your wife and statement given by yourself may be / will be used against you --- but even then on the basis of this recorded audio you may choose to go ahead and file a divorce. HOWEVER it is suggested to collect more documentary evidence before pursuing on the same.
Currently there is a fresh instance of violence hence - it is advised to just stay calm and quite on this for some time and then take action. Any step taken at this time may effect adversely
Best of luck
The hon'ble sc has defined cruelity to the extent that a wife cheating on you will also amount to cruelty. You can file a petition under section 13 for divorce and get the same from the court directly.
Also you can file a case against that person who is indulging in relation with your wife.
Regards
1) wife can file DV case against you if you have physically assaulted her
2) you have admitted that you slapped her and would not repeat it in future
3) contact detective agency and gather evidence of her adultery
4) if wife has checked into hotel with guy entries in hotel register would help you making out a case for adultery
If she is not willing to give you her consent for mutual divorce, you'll have to file a divorce petition under section 13a of the Hindu Marriage Act and contest for divorce. If she'll have to file a domestic Violence case against you, she need to specifically get into this specific incident of you slapping her. She may anyways fabricate things and portray an evil picture of you before the Authorities. Also, there is a tendency that any such step will be taken by her only if you take the initiative of filing a divorce against her.
The complaint before the police is closed, hence it cannot be reopened but she may create grounds for fresh complaint.
You may go ahead with divorce case if you feel that it would be the relief to you.
Sir, Suppose next time if she frames a false case against me and to prove that it had happened in past , she can get that complaint copy from the police station and can use as an evidence to strengthen her false case. If this happens then, what step should I take?
No steps is to be taken for such things except to take bail if FIR is registered.
You can always use the audio recording that is there with you to present your case and to tell tot the court that whatever is being done is false, forged and fabricated.
Regards
1. She has already lodged the police complaint for which the question of her taking up the same matter after a long time will not be expected and legally tenable. Presently she can of course file a Writ Petition against police inaction before the High court.
2. You can not ask for divorce as per your whims and fancy. There shall have to be sufficient ground for you to seek the decree of divorce like cruelty on the part of your wife.
3. her telling her boy friend that she will go to some hotel with him does not yet prove any offence on her part.
4. Allow her to develop her this illicit relationship with her boy friend and if you can collect any evidence like hotel register wherein both of them have signed and stayed in a room for the night, you can very well file the divorce suit on the ground of cruelty.
5. spending night in hotel room with some one other than husband is an indirect evidence of having s*xual relationship with that person out of her wedlock which is considered as a form of cruelty upon the husband.
If she is intentionally doing such things you cannot stop her.
But you can always challenge her false allegations in the trial proceedings.
You can nullify her allegations by drilling her with contradictory and clever questions.
Be in touch with your Advocate regularly and closely follow up the matter
yes wife can get complaint copy from police station and use it to strengthen her case
you have to take the stand that you lost your temper after you became aware that wife was having an extra marital affair
Dear Concerned,
She would have already taken a copy and this document will be used by her in future for sure. However it may or may not effect / impact the case and the situations at that time. So, dont worry, live a normal day to day life as it was before this incident but be cautious on what you say to her.
Best of luck
Sir,
You should not have given counter statement but you can reverse it any time providing sufficient evidence in the court.
With the audio recordings, you may file case against her for cheating you. let her also give counter statement after hearing the audio recording.
You can approach us.
Thanks,
Adv.Niranjan,
mobile - .
