Legal Question in Family Law in India

Sir,

My marriage was performed in 2006 with the Hindu customs & traditions. I have two children (boy 9 years & girl 6 years). Happily going our martial life. I made her to pass degree with my money and given her different trainings Viz.,Computer course, tailor , plantation,Maggam etc., Un expectedly, after 8 years of my marriage one bad day , onecperson ( a married ) came to my house ( her relative said as Uncle & later he requested her to call as "Bhava" ). He exploited all our family members with his sweet words and money and started come regularly monthly once and twice and stayed for 4 -5 days. After few months, one day morning she left along with the children. We have given complaint immediately and registered a FIR. When I check her mail , there is mail to him (in sent Box) with false allegations . Please note that she doesn't know English and she doesn't how to mail and at midnight. He knows her mail ID and password. Police neglected and suggested to search . In our search in different places, one day we went his office and tried to meet him. We couldn't meet him. We stood out side & followed his car and fond his rented place and gathered all the information with co tenants by showing her photo and children photos. Next day we went there to catch them. By that time , she and lawyer . it seems they understood that we known their room, went to home city police station and demanded for divorce. The white caller cheater escaped from the picture as he is a gov.ment employee. Earlier , when telephoned him , he expressed his pittyness and informed that he will also search, evry telephonic voice record we have. After that police compromised us to continue martial life and they have taken compromise letter from her. I have taken separate room and maintaining all and children education etc. Even after 6 months also no close relations and sitting alone and not coming to sexual life. I fed up and went my parents home and requested her to come my house to reduce the double expenditure and peaceful life. She is not interested to come. Issue a notice to join with me and later re joinder notice also . She given a reply with his lawyer with false allegations. Then filed a petition in the court for RCR. They filed a counter with false allegations and demanded for maintenance and high amount of cash as they were paid.They are very poor and I am also low salaried person and at present no job due to mental agony and old age parents.

How to prove as he has deceived and spoiled our beautiful family life. Is there any punishment to him?. If not , every one goes in his path. I have the evidence of rented room and righting in register and her different life style ( wear Pant & pyjama). About 300 messages ( matter we do not know) from smart phone & 3 calls . FB comments and likes and gmail social data and mail sent to him etc., How to prove technically and how to get the evidences.Hoe she making lawyer fee and school children fee and maintenance , who is supporting her . Police collected call data and they shown us in the starting and later they compromised with them ,it seems. Now what should I reply to the counter? Please give your valuable suggestions. How to prove him? Now let her go any where without demanding maintenance and huge amount of cash since she has already joined with him.


Asked on 4/09/16, 8:20 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Your case is very strong but you have made a mistake by filing RCR. Why do you want to continue with such a wife? Practically, RCR serves no purpose. THe court decree can not be executed and even after a decree in your favour court can not force her to join you. You should have gone for divorce straight away. Yes, a criminal complaint can certainly be filed against that person. Breach of trust, cheating, adultery all can be charged against me. Upon consultation, I would suggest u the detail.

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Answered on 4/09/16, 10:10 pm


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