My wife with In-Laws had filed false cases of 498A, Maintenance, DVC, etc in my name and my family and ultimately by gods grace the case got dismissed by the court in the year 2015 after contesting 5 long years and during pending of all the above mentioned cases, she also had filed the Divorce case in another city just after 1 & 1/2 year of the above cases running and she withdrawn the case based on the petition filed by her counsel "Not Press" when I filed the counter petition with affidavit to produce her in the court immediately to prove that she is carrying and 8 months pregnant with another man which she married and the bad part is that the court had granted her petition based on the Not Press grounds and since then she did not filed any further divorce petition nor any other cases they filed as of now. Me and my parents are totally lost and depressed all these years and were really unable to do anything and our social status is also standing at a big stake. Please guide us as how to move further to punish her, other person & her family for misusing and playing with the law without any her. We even do not know her where abouts presently but surely we have the addresses of her parents etc. With a positive hope !!!
You can file for divorce on grounds of mental cruelty
2) wife filing false case of dowry harassment amounts to mental cruelty
3) wife having extra marital affair amounts to mental cruelty
4) you can also file case of bigamy against your wife if she remarried during subsistence of earlier marriage
Applicant is the master of the complaint. She can withdraw her case but if you have filed cross claim than cross claim will continue.
And, person against whom the false F.I.R was lodged, after getting acquitted from that false case or after getting the F.I.R quashed, can file a criminal defamation case against the person who has falsely implicated him in the previous case, shall be liable for imprisonment upto 2 years, or
The ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty.
Obviously, the most important post-divorce problem with which the individual and society are most vitally concerned is the problem of finding adequate solutions to matters concerning custody, education, maintenance of, and access to children.
Adultery is a ground for divorce under Section 13(1)(i) of Hindu Marriage Act. Pregnancy and birth of a child is a conclusive proof of an illegal affair and adultery. In Shivakumar v Premavathi it was held that stamping the child as an outcome an adulterous relation or charging a woman for extramarital intercourse is a serious thing with legal consequences.
You can file for divorce on grounds of mental cruelty before family court. Remarriage without divorce renders the second marriage as bigamous which is an offence not only under the Indian law. Your wife is also charged under the ground bigamy. You can file petition before judicial magistrate court .
Hello,
1. I am not sure what you meant by ' counter' as if you filed written statement containing counter claim then even if her suit for divorce is allowed to be withdrawn the suit would have still been pending on the ground of your counter claim.
2. hence I am not sure why and how you advocate allowed the whole suit to be dismissed for default.
3. However on this date you can still file a suit for divorce .
4. Apart form that you can file a civil suit seeking damages as well.
5. On the basis of her parental address you can file such suit for divorce.
You can file a contested divorce case on the grounds of cruelty and desertion besides adultery.
You can send summons to her last known address, let it be returned undelivered.
You can get the summons served through newspaper and then you can get an exparte divorce decree.
Discuss with your advocate and proceed as per the suggestions received.
Dear,
First & foremost is - Don't think of teaching any lessons... or punishing her. That's the Karma - let the God handle it.
You think for your future and your parents - Move On..!!
My honest opinion is to file the Divorce case on the grounds of cruelty (by wife) if 498A case is in your favour.
Take the certified copies of the final order/judgement of the court where you and your family are prove4d NotGulty of the offence.
You can mention the address of your in-laws while filing the divorce case.
1. See in case she has remarried without divorce you can file a case of bigamy against her for same a complaint before police can be made, also you can file for divorce on ground of adultery against her.
File a protest petition against the previous decision
You can file defamation case and case of misusing the police machinery for personal gain.
File a defamation case against her and her family. A divorce petition on grounds of cruelty desertion and adultery.
A criminal case for bigamy against her.
All these cases should be filed immediately and simultaneously. Make her parents party to these cases.
As you have stated that she is 8 months pregnantvwith another man's child and she is married, if you have strict documentation proof, immediately steps can be taken for the same, otherwise not, detailed discussion with pros and cons need to be informed
1. Mere acquittal in a criminal case does not ipso facto make the complaint liable to pay damages to the accused, much less face criminal prosecution for defamation under Section 500 IPC.
2. If the court has not observed in its order of acquittal that the case is false and malicious then one who files a suit for damages or defamation complaint has to prove that case against him was actuated with malice in the first place.
Hello Sir,
I have read your query and I hope I am able to provide you with best of legal guidance.
Since you were not divorced and a petition was allowed does not giver her the right to re-marry. She could have only re-married after she have obtained divorce from you. So, when she has not taken any divorce from you, she cannot re-marry under the Hindu Laws. So you always have the right to challenge her marriage if such a marriage was done prior to obtaining of divorce from you.
Further, as I can see that various cases have been dismissed, So if the cases were dismissed due lack of evidence or otherwise then you can also file a suit for recovery of the monetary damages on account of malicious prosecution which have been caused to you during these years of litigation that may include, the legal fees, the loss of reputation/goodwill, travelling expenses, compensation for mental agony etc. But, here since the cases were dismissed in 2015, so you do not have any right as you can to file a suit within 3 years from the date of decision of the court.
So the only remedy lies with you is to challenge the marriage of your wife and seek compensation on account of mental agony that have been caused to you all these years.
I hope I am able to provide you answers to your query. If you have further query you can follow up. Please give a rating/feedback as your rating would help me grow.
Thanks and Regards!
Varun Talwar, Advocate Delhi High Court.
Hi,it is advisable to file for defamation and damages,if they have not filed any appeal to the cases wishing you have won ..
You and your family can file defamation case against her and her family plus you can recover cost from them.
Immediately obtain certified copies of all the cases filed by her and also the orders passed by concerned courts in respective cases, preferably two copes each.
You can file for divorce on the ground of mental cruelty i.e., false cases field by her viz., 498-A, DVC & maintenance amounts to Mental Cruelty, as such, you are entitled for the divorce on said ground.
Wife having extra marital affairs amounts to mental cruelty on this ground also you can file for divorce.
You can also initiate criminal proceedings against her for marrying during subsistence of the first marriage Sec.494 IPC and conceiving (you need to prove).
A case of bigamy is fit before Criminal Court against your wife where you and she resided last or the offence of adulterous act committed by her invoking Indian Penal Code 494 IPC 1980.
She is still your wife as there is no decree of annulment of marriage/ divorce by any competent Court of Law.
You can move a Criminal proceedings against your wife for offense of perjury before the same Court where she has mentioned "NOT PRESSED" and later claimed an order .
You may also file defamation case against her and family for malicious actions against you before Criminal Court and Civil Court.
You may file damage suit filing your claims of loss of time and funds for false proceedings before the Court of Law.
You can still take her back to your home as your wife by filing Writ Petition before High Court under Article 226 and 227
"WRIT OF HABEAS CORPUS " is a power point petition which will secure your status, goodwill and face lift in your Society.
Dear querist,
since all the frivolous cases filed against you have been dismissed by the courts. At this stage the best possible case that can be filed against her and her parents is defamation suit which will be causing them to issue a public apology to you and your parents alongwith the compensation for mental harassment and litigation expenses.
This will ensure that no other litigation is filed against you in future.
You can contact me for consultation, in case you need my assistance for the case.
Regards,
YUGANSHU SHARMA
ADVOCATE
Dear Sir,
The limitation cause a hindrance after delay in filing such cases. You are suggested to engage a good advocate of your choice, do discuss all the issues and file the cases of defamation and others along with condonation for delay in filing.
- As per Supreme Court, if wife filing reckless, defamatory & false cases against her Husband is guilty of Cruelty, Divorce granted
- Further, As per section 497: Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.
- Further, as per Supreme Court, Only an outsider man to the marriage is to be punished under Indian adultery law.
- Hence, even your wife is having an extra marital affair; you cannot take legal action against her under this section and also any section of the IPC.
- But you can get divorce on the ground of adultery, if you are having sufficient proof /evidence of adultery.
- Hence, you can file a divorce petition on the above mentioned ground, and the chances of getting the decree very high in your favour.
- Further, you parents can file a Criminal defamation case against her for disturbing their peaceful life and to defame them.
- Further, you mother being a woman can also file a petition against her under the provision of domestic violence Act for the harassment and mental torture meted her
1. You can send a defamation notice to your ex wife and her family for Filing false cases against you which caused loss in social status.
2. You can file case for criminal defamation and also claim compensation but chances that your case stand will become less if you only take ground of false cases so you have to take ground that they spread the news in society that you and your family use to torture your wife and other false rumours against your family.
you may file criminal and civil defamation cases as well as claim damages under the pretext of false 498a case which is now been dismissed and ruled in your favour and does amount to malicious prosecution..
1. The law does not permit anybody to punish the other. You can seek justice/relief/remedy. It is the court that will award punishment if called for.
2. However, it will be appropriate for you to file a divorce suit immediately on the ground of cruelty on account of lodging false complaint against you and also for her living under adultery while being married to you.
3. You can also lodge/file a complaint/case against her u/s211 of IPC for lodging false complaint against you and your family members for causing damage to you knowing very well that those complaints are false. If your case is proved then she will be punished with jail term.
