Urgent help on connivance in 497

There is no evidence of your connivance for the s*xual act of the accused with your wife that evidence has to be on the record not at the time of argument just in the form of presumption and assumption.

The defense counsel has right to defend his client as he so desire that you cannot stop him, the trail court shall go by the evidence on record about the s*xual act of the accused with your wife those eye witnesses who saw all happening at your home in your absence. You were not participating in the s*xual acts of these two nor was being done in your presence with your permission so the offence under section 497 IPC seems to be proved beyond doubts.

Vijay Sir,

The complainant who gave evidence has also need to show that he did not give his consent or that he did not connive at the accused having s*xual intercourse with his wife. 

I want to ask how to prove that there is no connivence on the complainant's part.

By looking into the below statement it seems Complainant gave the oppurtunity to the accused to meet his wife.

"I pretended that I am leaving for tour and stayed in hotel where I called my family members from other city. In night around 9, I talked my wife on phone and pretended as if I reached to destination. "

I really hope  & pray that he (Dhiraj) will get the justice.

 

Hello Sir & Madam, Thanks for your opinions. One thing you learned people advise, how adultery can be proved without organising a sting operation? I made sting operation to know the truth. Since I never met accused before (which I mentioned in my written complaint), how connivance to unknown person to commit offence is possible. Moreover I also mentioned that I used to remain on tour and for 20-25 days. So I hardly had chance to catch them without doing this. If such act is connivance then I think catching someone in adultery is next to impossible. Please discuss n advise

Proof of adultery is often hard to come by considering the act's nature of secrecy.

As far as required proof is concerned since adultery by nature is practiced in secret, Courts does not stress on direct proof. If you can prove in the Court that she is living with that Guy in the same house, that will be enough.

Proving adultery usually relies on circumstantial evidence that the party had the intent and opportunity, an allegation usually substantiated by such evidence as hotel receipts, photographic evidence, love letters, diaries, and witnesses.

In order to show that there is no connivance on complainant, you should have spoken to the steps which you took to prevent the accused or your wife from having intercourse with each other from the moment you came to know of the intimacy between the wife and the accused and from the time you began to suspect that the accused was having s*xual intercourse with your wife. If the husband was fully aware of the fact that his wife was committing adultery but did not do anything to stop the same, then the adulterous relationship may be considered to have been committed with acquiescence, and therefore no offence can be said to have been committed. The absence or presence of consent or connivance can be inferred from the circumstances of the case. Strict proof of the same is not necessary.

When you prepared with cameras to click the pics & with other witness ("My maid, my parents and my cousin brother" & "Accused joined your wife's company at 11 PM and you entered at 1 PM") in order to gather the direct evidences, that sounds like,you were aware/suspects of the things going on.
And you waited for 2 hours for having the s*xual intercourse with your wife & accused.Still you didn't take any measures to stop this activity.

In spite of this knowledge if the complainant had failed to take steps to prevent s*xual intercourse between the accused and his wife, such conduct on the part of the complainant would give rise, it is claimed, to the presumption that he had connived at the accused having s*xual intercourse with his wife.

You mentioned ("I called my inlaws and they took her home after two days").Which means you co-habited with your wife even after knowing that she had been guilty of co-habiting with another person.If the husband co-habited with his wife even after knowing that she had been guilty of co-habiting with another person, it will be sufficient to constitute condonation and once the act of adultery had been condoned, the husband could not seek divorce on this ground.
You require to demonstrate the reason for this co-habition.

Reasons for not using adultery as a ground of divorce is that the allegation means that the divorce often goes to trial, and that increases the cost of the whole dissolution dramatically.

A spouse can defend against an allegation of adultery. The two C’s -- condonation, which is the approval of certain behavior; connivance, plotting a secret plan to achieve an evil or illegal end. At one time, any of the two C’s would have been an adequate defense against an allegation of adultery.
These facts might be quite relevant and necessary in a case where the complainant sought to have a divorce between himself and his wife on the basis of adultery.

You could have presented the story line in a different way. What I feel you filed these lawsuits on the spur of the moment & with half-baked preparations/knowledge about the proceedings. 
In legal proceedings, what & how to present the case, what evidences to show ,how much to show & at what time to show are vital things.

 

 

Hello Madam, I didn't co-habitid with my wife. She was in different room with my Mausi. In-laws were coming from city which is 1100 KM away. So two days gone in that. Another thing like Vijay Sir said, connivance point to be brought on record by defense and not pleaded during Arguments. In this case neither during cross questions defense counsel pointed that nor accused said such things in his statement or at defense stage. Now see whether because I presented my story in this pattern can connivance brought into judgement?

Luckily, the defense never raised the connivance point during the trial, so this holds no relevance. And this increases the chances to win on the prosecution side.

But if the defense had pointed out connivance point during the trial, then looking into the storyline , it becomes hard for you to prove.
 

Then, do worry. Current circumstances show, chances to win these lawsuits.

I will await for your updates on this case.

Thanks madam. Judgement date is 26/04/16. I was going through various case laws and in one or two absence of connivance is also required to be proved by prosecution and only proving adultery may not be sufficient. If so, can I resubmit my point before judgement or I should remain silent as defense also not raised. Advise plz.

Dear Sir and Madam,

Thanks for your valuable advises. That was tough time for me and your advises kept my hopes alive. 

 Judgement came today and accussed held guilty u/s 497 and sentenced for 3 years rigourous imprisonment.

Detailed judgement details are not yet available. Will update you with the same.

Regards,

Dhiraj

Congrats Dhiraj !!!!

So, its time to proceed with the seperation.

Thanks Madam.

I am searching for case law pertaining to connivance as very sure that same question will be raised at the time of argument for divorce case.

Moreover accussed has also gone for appeal in session court. So have to arrange case laws. I came across some English law but not sure of the authenticity there of. please see the link shared and refer page  no. 59 which states that: Connivance to obtain evidence for divorce.

In this section two cases I am searching i.e. wilson v wilson and douglas v douglas. But not able to crack the right case with right content that's why not sure of these referred pages. 

 https://www.lawyersclubindia.com/editor_upload/101453_20160428093632_35737413examination_of_connivance_a_defense_to_divorce_an.pdf

Regards,

Dhiraj.

The verdict that you received in 497 IPC, is self-explainatory that there was no connivance on your part else you definitely would miss that lawsuit.

 

Thanks Madam. 

Dear Experts,

I have been going through the defination of connivance and came to know some English law referred in Delhi High Court Judgement but not able to track the right document. Please advise. 

Relevant Text of Delhi High Court's one Judgement "What amounts to connivance or collusion on the part of the husband has been explained in several English cases. See Gipps v. Gipps II H.L. Cas. I. Even the civil remedy of the husband, viz.,dissolution of marriage is gone when there has been such delay as to lead to the conclusion that the Petitioner had either connived at the adultery or was wholly indifferent to it. See F. Willams v.Williams I.L.R. 3 Cal. 688 and Holloway v. Holloway I.L.R. 5 All. 71"

I have read one defination of Connivance where in it is written that connviance to obtain evidance is not a default on husband part. Please read below:-

Connivance

Connivance, which is sometimes called "voluntary blindness," means a
secret plan to achieve an evil or illegal end. Black’s Law Dictionary says,
"As constituting defense in divorce action, [connivance] is plaintiff’s
corrupt consent, implied or expressed, to an offense charged against the
defendant. This defense has been abolished in many states with the
enactment of no-fault divorce laws."

Connivance is a secret plan to achieve an evil or illegal end, and as a
defense against a charge of adultery works very much like collusion. Let’s
say, for example, that a wife wished to get a divorce from her husband. If
she invites someone to stay at the couple’s house while she is absent,
and that someone seduces the husband into an affair, the husband could
later claim that the wife connived – or set him up to commit – adultery in
order to get a divorce.

Connivance was used to trick a husband into an affair. Adultery by the
husband was a recognized grounds for divorce. If the woman could not
get a divorce any other way, she may have been willing to trick her
husband into having an affair. It sounds farfetched today, a woman trying
to trick her husband into having an affair, but it happened.
Connivance was commonplace enough to put it on the books. Spouses
used to go to the expense of hiring private detectives or other agents to
seduce the other spouses.

In this routine, connivance and collusion could come together in mixtures
limited only by the imagination of a spouse who wanted out of a marriage.
Connivance was not limited to cases of adultery. If one spouse had an
alcohol or drug problem, and the other spouse purchased alcohol or
drugs for that spouse, the court could find connivance.

Sometimes a husband believes his wife is being unfaithful but prefers not
to discover it, this is not connivance. The husband has not taken active
steps to allow the wife to commit adultery. He has not aided and abetted
her actions, or, as one court put it, he has not "smoothed the path to the
adulterous bed." Nor is it connivance when a husband believes his wife is
being unfaithful but bides his time as he gathers evidence to prove it. The
husband did not take active steps to get his wife to commit adultery. He
merely gathered evidence of behavior she had already embarked upon.
Connivance was difficult to prove and so was rarely used in a fault
divorce. With the rise of the no-fault system, connivance is for all intents
and purposes extinct.

Please advise.

Regards,

 

Dhiraj

dear dhiraj, I am serving in Army and I have similar case. request provide ur contact number or email on 7409807444