krishna lal (Process associate) 27 April 2012

Adultery (please give me a advice asap)

Hi Sir:

My name is krishnalal age 24 (sigle)and i am in a very big problem please help me

I was working in a private company around 2 years ago and i was very happy at that time . one and half year ago i got a friendship with one of my manager and she married and shes having a two childrens.initially we were a good friends and we get close friedship through her family.i use to go her home and play with her kids in every week end and i use to drop her in home and i will pick to the office from her home.we will talk in phone like so many hours.initially we dont have any problem even her husband knows me well what i am doing with and what relationship with his wife.

Suddenly what happend her husband saw the mobile bill of her and he asked her like what is the neccesity u have to talk with that guy so many hours and they had a fight.she informed me abt this even gradually i am trying to avoid her but what shes told get me seperate sim card and phone i will talk with you only in that number i am not able to deny that request from her finally i baught separate sime card and phone for her again we started to talking so many hours but i did not change my number.

But one stage our relationship gone into a different way like illegal contact with her and we thought her husband not doubting abt us but once the relationship turned to a different way shes avoid to go her husband house and shes started to live with her parents and kids.even they dont have any mutual understanding with them since from the marrage.

Suddenly my dad passed away in heart attack exactly on last july 2011 even they both husband and wife came to my dad funeral but after that her husband gone to her parents place and asked why shes talking to that guy so many hours and keep messaging to me even he shown some bill proof of mine and network details

After my da funeral exactly after 20 days cyber crime polices has came to my home and they said they got a compliant against stated that i threatening her torugh messages and phone call they have some proof like a my bill details and network details and its like that compliant given by her.but i know its her husband move because he have influence in police after that they took me to the police station for enquiry and they beat me like anything in front of her husband and they ask me accept the illeagal contact with her finally i have accepted that then they call her parents and ask them come to the police station with her she came and she accepted everything.

Even aftet this incidence i have contact with her but not like before we are using the separate numbers because i just want to know whats happening and all but what happend in police station they have taken a written statement from me like i have physical contact with her and i will not contact her anymore if contact they can take any action against me and they have taken a another written statement stated that i have to get marry within two months else they can take any action against me.

plese guide me what can i do in this situation ??

What action they can take against me ???

Help me

Reply Follow

12 Replies

bhuvi garg (nothing) 27 April 2012

file complaint before court.only s*xually intercourse with admissibilty amount to adultery.

Victim of Domestic Voilence (Service) 27 April 2012

Hello Krishna,

My personal advice to you will be not to give anything in written to anyone in future. It may put you at risk. I'm not a Lawyer but its my personal advice to you.

Regards,

Victim

krishna lal (Process associate) 27 April 2012

can u please let me know in which criteria i can file a case and against whom???

Anjuru Chandra Sekhar (Advocate ) 27 April 2012

Confession (admission of guilt) made to a police officer cannot be proved against him and if you deny before magistrate that such confession is forcibly obtained by police then the confession has no value. Unless s*xual intercourse had taken place they cannot take action against you for Adultery. Mere indulgence in talks may not be a crime under IPC but it is possible that you may have some punishment under IT Act. However, my view is she should make allegation against you then only they can take action under IT Act. Police have no right to beat people like this.

Anish Thakur 7018812737 (advocate) 27 April 2012

dear ,

firstly dnt get panic,

any written or oral submission before any police officer is not admissible in the court,

police can not arrest anyperson without warrant except in preventive measures powers given to them in cases of some cognizable and injury to pubkic property .

file complain against police in the juridicvtion court .

and also file F.I.R in the local police station against her husband to pressurize for getting married if they dnt lodge it then do it done through magistrate and write to the senior police authorities concerened.

rest consult lawyer.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 27 April 2012

Dear Querist

you should filed a case against police and her husband before the conceren magistrate who has the jurisdiction of that police station. Adultery is comes under section 497 of IPC

Section 497. Adultery

Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

STATE AMENDMENT

Andhra Pradesh

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

Police can not arrest or registered a FIR in these type of the case without permission of the court.

you can file a complaint against police personal and her husband before Human rights Commission too

fee free to call

Never Give Up (Fighter) 27 April 2012

Have an understanding with husband of your friend and close this for all.

sri (ceo) 27 April 2012

cool lal...

adultery cant be proved easily in court...

phone calls mean nothing...

police mischief can be complained to magistrate and ask for their suspension...

next time better be a zero than hero...

settle for 10k and close contacts...

Ajay (Executive) 27 April 2012

Dear Sir,

My brother is married for 15 months now.2 months after marriage, his wife left our house in bangalore ot go to rajasthan. She hasnt called or talked to any of us after reaching there. After 6 months, her father wanted to come to bangalore and solve the problems, but he always made false promises and never came. After exactly 1 year, they filed a false case of Dowry and Domestic violence in Rajasthan.We came to a settlement after having signed some papers there in the police station. Now she is back home in bangalore since 5 weeks. But, she is not happy again, though my brother and herself are staying seperate on her insistence. Now, her father is trying to defame my brother saying that he has another afair & also has 2 kids from that affair. my parents are very disturbed by this & during this course my grandpa passed away 2 months ago. My Parents have gone to rajasthan and they would stay there for few months.But we are facing a social stigma by my brothers father in law. Kindly help us.How can we get rid of this and find a divorce at the earliest.