Legal Question in Criminal Law in India

Dear Sir,

My wife file a case in thane police stations of IPC 498a, 323 &324 against me on 21st April 2011 and i was arrested without any investigation, next day i get bail from the court. Now case in the court chartsheet also submitted by investigation officers on 12 August2011. I am also file a case of divorce against my wife in the court, on 23rd August2011 there is a councelling with my wife in court. She was refused to come back at home. I have two childrens 6 years old son & 4 years old daughter both are my heart. After filing a case against me i am not understanding why my wife file case, but suddenly one day i received a call from thane police station that my wife have affairs some one guys & police catch him at thane launge (Hotel) in bed room than my heart is break & i feel guilty that my wife is cheat to me. In thane police stations both statement are taken in station dairy of my wife & her boyfriend i.e. both will be marry & accept that both are in loved, my wife accept that she has affairs that guys last 6 months and after that my wife fathers comes at police stations & he also given statement to sineour officers. A seniour officers has handover my wife to her father. Now, i am very disturb & strees i am not understanding what can i do, can you please suggest to me what can i do. What will be the next step to me ? can i case file against my wife for cheating to me ? can i case file against her boyfriend ? Or case file against her father. can i get the custody of my childrens ? PLEASE HELP ?


Asked on 8/28/11, 8:00 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Sorry to hear your awful plight created by your wife . Anyway Divorce her and get the custody of your children which the court would pass in your favour . You have a solid ground to get custody of your minor children as your wife has been a adulterous woman.

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Answered on 8/28/11, 11:37 pm
Shrichand Nahar S.V.Nahar, Advocate

1. Have appropriate summons issued to police to produce all the documents pertaining to incident of your wife and her boy friend either through court where divorce proceeding is pending or court where criminal case filed by wife is pending.

2. Make appropriate application in the court where divorce petition is pending for interim custody of children.

3. You may file a prosecution against boy friend of your wife under section 497 IPC.

4. No case of cheating is made out against your wife.

5. No case is made out against father of your wife.

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Answered on 9/02/11, 10:05 pm


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