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How to deal with adultery by spouse
29-May-2023 (In Family Law)
It’s an AM according to MUSLIM Law, We had marital relationship for 2days then he started living in a separate room with his parents. He tried convincing me he is a GAY but I found out about illicit relationship with colleague( a married woman with 2kids). I have proofs of hotel bills, acceptance of affair and chat records etc. We still tried to reconcile but husband has written suicide letter and mentioned “she is my love I can’t live without her”. Now, I have filed a FIR 4months back under section 498A,497 on him and his family then through advocate filed for DV. Now they’ve filed 482CrPc on the FIR from the high court for in-laws and husband’s brother. My questions are 1. Is there is any chance of quashing an FIR? 2. Can I put any other sec on him according to Indian law as he had physical relationship with me only for 2days and deserted me saying I was never interested in this marriage? 3. Can I include through PCR or any other way sec 420,120B against mistress and husband?
Why are you behind when he is refusing you. Let him go to hell. Lead peaceful life by divorcing him. Allah will punish him, don't worry. If you yourself wish to punish him then there are so many ways.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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First, it does not matter for how long you led married life together, if you had given sufficient proof while filing that FIR against him, then High Court under 482 is less likely to quash the FIR. For the present you can not add sections to what you have already filed.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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1. Quashing of an FIR by the high court is considered on different foots. To answer this question it is essential to look into the complaint filed and also the nature of allegations made.
This is better explainedi in the land mark case of Bhajan Lake the law laid down to quash a complaint in the case of Bhajan Lal.
You could very well fit within the Indian law to initiate criminal action against your husband under section 493IPC. However it is less advisable.
On the other hand it is advisable to initiate Divorce proceedings so as to enable yourself to be on a stronger side.
This is better explainedi in the land mark case of Bhajan Lake the law laid down to quash a complaint in the case of Bhajan Lal.
You could very well fit within the Indian law to initiate criminal action against your husband under section 493IPC. However it is less advisable.
On the other hand it is advisable to initiate Divorce proceedings so as to enable yourself to be on a stronger side.
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Adv. Anish Acharya
Bangalore | 25+ Answers
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Dear friend,
Your query involve many aspects of legal importance , and I suppose that you do not have idea where you are leading to n where you are, hence instead getting any query answered online or so it's advisable that you come and meet and understand all prospects. OFC : Adv Pankaj Kumar & associate...
Your query involve many aspects of legal importance , and I suppose that you do not have idea where you are leading to n where you are, hence instead getting any query answered online or so it's advisable that you come and meet and understand all prospects. OFC : Adv Pankaj Kumar & associate...
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