Extra marital affair how section 498(A), 504 , 506 is applicable How to prove misuse of this Section
I am not Staying with Wife since 1 year 2 months,Staying alone separately in rented flat and wife also staying at her Moms house.
Wife seen me with some women a friend of mine & collected some Evidences like seeing me & my friend in car & having food & all.
I am not sure what all evidences Wife has but i can guarantee i am not having any physical relation & since no evidences like adultery.
Since I am staying separately some how Wife misunderstood I am staying in Livin with women friend.
She sent notice & mentioned I am cheating upon her & mentioned I am staying in Livin with same women Since 1 year.
Since 1 year i am not talking , nor SMS or no whtsup or any mail / no communication with WIFE.
Also Wife recently logged FIR against me with section 498(A), 504 , 506.
And mentioned in FIR since my husband having extra marital affair with a women & when wife inquired about same. husband(me) abused & threaten me & given Physical & mental harassment since two years.
None of these mentioned Points are true so how on this basis local station police accepted her case & loged FIR against me.
I have taken bail but since this is offence as Police & my lawyer told me I am really worried about my future.
There is no question of Dowry evidence that shows demands for dowry were made before or after the wedding. Also Adultery no longer a criminal affair, Recent Supreme Court ruling
But in my case the Girl whom my Wife accused i am having affair with is not Married.
So how Just because Wife mentioned Husband having Extra marital affair section 498(A), 504 , 506 is applicable. I dont have any evidence against my wife like
No conversation between me or any my family member with my wife or her relatives like any SMS, emails, letters, call recordings, etc.
Dont have any evidence that proves that my wife moved willingly out of my house.
Immediately after FIR i have filed for Divorce & soon notice will be served to my WIFE.
I am working & as per FIR i have to visit local police every week & give attendance & in case i need to go out/ abroad have to take permission from court. This is humiliating & time consuming as i feel i am treated like a Criminal & really embarrassing me. My family is supporting me on this matter now how can take help from them.
#As per Supreme court ruling which i found online
Mere Extra-Marital Relationship By Husband Not ‘Cruelty’ To Attract Section 498A/306 IPC
Husband's extra-marital affair does not always count as cruelty: Supreme Court
If above is true then how i get away from FIR as there is no question of mental & physical cruelty done by me.
# My questions :
1) Will divorce petition Help me getting away from FIR or will FIR grounds can help me in Divorce ?
2) In my case just mention of Extra marital affair how section 498(A), 504 , 506 is applicable
3) How to Get the 498A FIR Quashed,How can i prove misuse of Section 498A, and this is wrongly mentioned section & term FIR as act of Revenge by my Wife
Asked 5 years ago in Family Law
Religion: Hindu
Since I am staying away from Wife for over one year and have no contact what so ever.There is no question of evidence of recent beating instances or abuses etc. And have evidences that i stay alone & not in livin with anyone. How valid is my Wife's acquisition of me having affair with some unmarried girl will stand in court of law when my FIR charge-sheet will come for hearing. Does court considers past instances as references ? What evidences Wife has to produce to court to support her allegation of me having extra marital affair ? I have never abused, beaten my wife may be in anger must have said something which is common in Husband & wife fight. As per my wife due to me started staying seperately & her miunderstanding of my affair she is going in depression & had tried suicide. Only her strong point is mental cruelty which comes under IPC section 498a as she says due to i Left her & started staying separately which she thinks is due to my Affair with some unmarried Girl who is my friend. But if i have decided not to continue with marriage how can my wife force me to stay with HER.Past cuple of months i my mother also to stay with me.
# My questions
1) Which types of evidences court will treat as Fair point if its true when my wife FIR(498(A),504,506), charge-sheet comes for hearing in local court?
2) How to get Away from FIR(498(A), 504 , 506) as of now so that i am free to handle Divorce case 3) How safe is to mediate through some third person & request to take back FIR or can my Lawyer do this ? 4) How i expedite FIR for hearing in local court & try & close the FIR which can help me in Divorce.
5) What is the next step after getting bail from FIR & how long it takes for actual hearing in local court of such case ? in who's hand it is to expedite the case for hearing ? 6) Can i mentioned FIR while fighting for Divorce as string point due to which my career as at stake since i am private working professional ? 7) How much strong her point of Mantle cruelty
Asked 5 years ago