Legal Question in Family Law in India
Mr Ram is the head of an Army Unit. His second in command Mr Sanjay filed a complaint against Mr Ram saying that Mr Ram has stolen the affections of Sanjay's wife by misusing his position and by enticing her by giving gifts etc. Mr Shyam says that his wife Shiela has professed her love for Ram when he confronted her.
An inquiry was ordered by the Army authorities to establish the veracity of this complaint.
While being so alleged, Ram carried out his own private investigation to save his name. He found out to his horror that Shyam had already filed for a mutually consented divorce at least 15 days prior to the date on which he filed the said complaint and that Sheila had already left the matrimonial house at least 2 months prior to the filing of the complaint.
Ram then got in touch with Sheila whom he knew very well and was friendly with her. Even she was not aware of any such complaint and confirmed that Shyam had done so behind her back.
The mutually consented divorce was a clear NO FAULT divorce with special mention of no allegations existing or pending against each other etc.
During the inquiry Ram clearly pointed out this fact, and Sheila too submitted the copy of the mutually consented petition and refused to answer any other question about the relastionship between her and Ram stating that the divorce case was in front of a learned District family court and hence sub judice.
The Army did not stop the investigation and took no cognizance of these fact - stating that she and her statement were of no consequence and the complaint was by one officer against another regarding a moral issue.
The inquiry finished after a month.Pending a verdict.
Meanwhile the two, Shyam and Sheila got divorced ( second motion filed after six months). Again in the examination-in-chief the same words were used and Shyam signed the same affidavit stating no allegation etc.
Further seven months after the said divorce the Inquiry has come up with a decision of GUILTY for Ram.
I AM RAM.
What actions can i take, some advice please.
3 Answers from Attorneys
Mr. Ram, you need to send the verdict of inquiry carried out against you so that you get appropriate reply.
i agree with Adv Gupta
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