Criminal Case of Defamation after Acquittal in 498a
The question is can you put a case of defamation on wife after you get acquittal in 498a. The issue has complicated answer and has mixed set of judgments some are in favor of husband and some are against. Before proceeding let us analyse what is section 499 of IPC is Section 499. Defamation – […]
Whether wife can withdraw from the mutual consent divorce after taking money?
Generally, when mutual consent divorce is filed from Husband as well as from the wife side at the time of first motion some money is handed over to the wife side to the husband side and at the second motion next installment is to be paid. No wife or husband can come under influence of […]
What to do when investigating Officer harasses you in 498a case?
The 498a case is filed by wife side is clearly for the harassment . In one of my case my clients were living outside the state where the 498a case was lodged and considering today’s lockdown conditions the police is insisting that the accused with family should travel and join investigation. Nothing is wrong in […]
On what ground you should file divorce Adultery or Cruelty when wife/husband has extramarital affair?
There is a big confusion among people regarding ground on which the divorce can be filed in court when wife or husband has extra martial affair. There are two grounds on which the situation can be address one is Adultery and other is cruelty. Now depending on the evidence the above question can be answered. […]
How Much Jail time I have to spend if I do not pay maintenance to wife under section 125 Crpc
Default of 125 Cr PC order is viewed seriously by the courts and the amount of coercive action in case of default varies from case to case. Under section 125(4) the court can take coercive action for enforcing execution of the maintenance order. The maintenance order can be enforced in two ways by warrant of […]
Maintenance denied to wife because she was not able to prove Cruelty
There are instances where the wife leaves the house and do police complaint on account of dowry demand and harassment and she also files 125 CrPC for claim of maintenance. In a Judgement of Hon’ble Supreme Court it was decided that when wife is alleging cruelty as a ground for living separately and claiming maintenance, […]
No need to pay maintenance to wife if you get divorce on the grounds of desertion
No without any reason the wife leaves you and after 2 years of efforts to call her back she do not join you thereafter you file a divorce on the grounds of desertion. Divorce on the ground of desertion is granted when the wife without any reasonable cause leave the matrimonial home and do not […]
You will surely Get Divorce if you have this thing in Divorce Case
In Divorce cases allegations and counter allegations are quite common if counter allegations are scandalous then surely you will get divorce In Malar Vijy Vs. Kanthan and another13Wherein it has beenobserved as follows;―22. In Manisha Sandeep Gade v. Sandeep Vinayak Gade14 a DivisionBench of the Bombay High Court, while considering the question as towhether the […]
Can court see my evidence/Defence at stage of Discharge in False 498a?
In false 498a you have an evidence of your innocence it can be the evidence related to plea of alibi that means you are not present at the time of incidence. It can be watsapp messages, witness statement, documents or photos to prove your innocence, these are very important evidence can lead you to become […]
The Admissibility of video and audio recording evidence in Matrimonial Cases. Can breach of privacy admissible
The Admissibility of video and audio recording evidence in Matrimonial Cases. Can breach of privacy admissible These days in matrimonial cases audio and video evidence are important evidence in deciding matrimonial cases these days. Now what if you put a software in the mobile phone of your wife and record all the calls? What if […]
