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cprc 125 maintenance case , dv act 2005 infieldity
06-Jan-2023 (In Family Law)
My wife filed 498a , crpc 125 and dv 2005 case against my whole family. Only one year is completed to my marriage and she lived only two months at our home due to her studies. (hindu marriage)
She also filed section 354 for harressment against my brother who is a mental patient suffering from ADHD.
My brother told me that he and my wife talked everynight on Whatsapp. She called him " my dear " also said i miss you alot, i saw in you my dreams, i like talking to you, also told him her backpain, leg pain and even about her urine problems etc. not very serious adult talk but their relationship felt very strong. they both were involved.
is this infieldity or not? im asking this because it want to show the chats on maintenance case ? also want to file divorce case on her.
You can file divorce on the ground of cruelty and infieldity. These grounds are sufficient to reject her claim Maintenance. You can approach High Court to quash 498A and DV cases. Simply appearing before trial Courts is no meaning. Please come to my office and receive my expertise legal guidance
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Adv. Kishan Dutt Kalaskar
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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yes, as some personal matters are discussed it certainly amounts to extra marital affair which in turn amounts to cruelty to you, further you can get divorce on ground of cruelty, so move ahead and file for divorce, also see if you can apply for quashing of criminal complaint of 498A in high court under section 482 of crpc and take a stay order on that case.
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Adv. Bharat Narasgouda
Adv. Bharat Narasgouda
Belgaum | 25+ Answers
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your wife has files 498 a crpc 125 and dv act
1 year has been completed your marriage and she lives 2 month at home due to her studies. she also files 354 for harrasment of your brother you think your wife has has affair with your brother and you think they are involved in this
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Adv. Vivek Mishra
Adv. Vivek Mishra
Allahabad | 900+ Answers
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Yes it is a clear case of infidility,you can file divorce against her under provision of hindu marriage act by extra marital affair of hers these messages will help you in cases of 498 A and in 125 and domestic violence cases.
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Adv. Ujjawal Srivastava
Adv. Ujjawal Srivastava
Kanpur | 25+ Answers
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Anything short of a sexual intercourse can not be used as a ground for divorce or judicial separation.
Unlike the stand of the law in past, where adultery had to be proved beyond reasonable doubt, the Supreme Court has opined in the case of Dastane vs. Dastane, that proving beyond reasonable doubt is applicable in criminal cases only, not in civil cases, especially not in those relating to matrimony.
Always implead the adulterer as a co-respondent in the suit against your spouse. Failing to do so may become a ground for rejection of your suit. Different courts have been of different opinion regarding this. However, it is always better to be on the safer side.
If you condone the acts of your adulterous spouse, and after that he or she doesn’t commit any act of adultery, you lose your ground for divorce or judicial separation
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Adv. Udit Chaudhary
Adv. Udit Chaudhary
Bijnor | 100+ Answers
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