Adultery Cases
7 months ago
I was married in Feb 2021, After 1 month of marriage caught my wife talking about my salary and my family matters to boy on whatsapp , I asked her who is he and why is she discussing my family matters with him, She told me that he is a family friend and he used to take care of her parents in her absence I told her not share my family matters with him. After 15 days I found out that the boy was my wife's lover and they continued their relationship ever after my marriage and were in physical relationship. I was broke and went into depression she begged me to forgive and don't tell her and my parents , I didn't forgave her told if she wants to leave she can and if wants to stay she can stay but don't expect anything from me. I also didn't tell anything about this to my parents. But after that I had a trust issue with her in Dec'21 my wife was 2 months pregnant and at that time I found through Google history that she again sent Msg by FB to her lover. At that time I can't describe how I felt , I really felt lonely. In Jan'22 we went for the ultrasound and everything was good doctor asked to come after 3 months pregnancy so we again went after 2 weeks at that time in ultrasound it came out that fetus doesn't have heart beat , Within a week we again went for ultrasound in hope that everything will be file but again fetus doesn't have heartbeat ultimately doctor told to go for abortion or it will lead for infection. Abortion was done in 1st week of Feb after that my wife went to his maternal home and my father in law blamed me and my family for everything and refused to send his daughter back and in April'21 came with came with Panchayat at my home at that time I everything to my family, My wife apolozied and came back in May'22 first week. but after she used to argue with parents and with me and ultimately she left my home in Sept'22 and refused to come at my village home and told will stay with me if only I stay in a rented home away from my family which I denied. Ultimately she filed FIR against me and my family for DV and Maintenance in Mar'23 from that time I am just going to courts and for DV case I am getting dates with a gap of 3-4 months to appear and next date I got is in Feb'24. is there any way to fast-track my cases , Also I talked to that boy ( My Wife's Lover) he told that - Bhai Bachpne mein galti ho gyi. Now he don't talk to her. Uski so called bachpane ki galti ne Meri Puri jindagi, Trust, shaadi, Ijjat sab khrab kar diya . I have all the proofs to support these things. Can I file a defamation case against that boy and also how can I fasttrack my DV case
Here are some steps you can consider:
Fast-Tracking DV Case:
To expedite your Domestic Violence (DV) case, you can request the court to hear your case on an urgent basis. This can be done through an application for an interim or immediate order.
Consult with your lawyer and explain the urgency of the matter to see if they can help expedite the process.
Keep all necessary documents and evidence ready to present to the court during the hearings.
Defamation Case:
To file a defamation case, you generally need to consult with a lawyer to assess the strength of your case. Defamation cases can be complex and require strong evidence.
You should collect evidence of the defamatory statements, such as screenshots of messages or any other relevant records.
Your lawyer can guide you on the specific legal requirements for filing a defamation case in your jurisdiction.
Legal Representation:
It is crucial to have legal representation for both your DV case and any defamation case you may pursue. A qualified lawyer can navigate the legal process and help protect your rights.
If you haven't already, consider consulting with an experienced family lawyer and possibly a criminal lawyer if defamation charges are involved.
Mediation or Settlement:
You may also explore the possibility of mediation or settlement discussions to resolve the disputes with your wife, although this may not always be successful.
Evidence Preservation:
Continue to preserve all relevant evidence, including messages, documents, and records, as they may be crucial for your cases.
Comply with Court Orders:
Ensure you comply with any court orders or directives regarding your cases. Failure to do so could have legal consequences.
Stay Informed: Keep yourself informed about the progress of your cases and maintain communication with your legal counsel.
Thank you.
Adultery is defined under Section 13(1) of the Hindu Marriage Act, 1955, is a ground for divorce. Thus, it becomes necessary for the petitioner to prove that he/she is married to the respondent, and the respondent made voluntary sexual intercourse with another person. You can file a petition under Rule 109 of Civil Rules of Practice read with Sec.151 of CPC (Petition for advance hearing) by serving a copy of the said petition to the opposite party with an affidavit stating the reasons for which you seek the advancement of the hearing from that date to this date. To speed up the hearing of a Domestic Violence case you need to file an Application for early hearing based on certain circumstantial effects to show your urgency in the matter.
In case of adultery the husband cannot object for it but he has right to get divorce without paying any alimony.
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