(Guest)

Adultery husband consent

In adultery case Husband was tracing all calls and msg of his wife from last jan 2015 but the adultery incident happen in march 2015 than husband filed complaint against wife and present all traced data in court.

1. It can be consider as consent of husband becasue he dont tell anything to her in last 3 month about his behaviour / character ??

2.Its look a pre plan game to catch wife in adultery case to make a ground for divorce. It will be in favour of husband or wife lawyer also can point out this..........

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10 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 01 April 2015

Sir, Not consent husband was just trying to gather evidences and make his case more stronger ..... Husband favour ... Regards Kapil Chandna Adv 9899011450

saravanan s (legal advisor) 01 April 2015

you cant take it as husbands consent for he had been collecting evidences to use against his wife.

V. VASUDEVAN (LEGAL COUNSEL) 02 April 2015

The requirement of husband's consent was a stupid provision in the law, one of the bundle of british legacy where the wife was considered as the 'chattel' - property of the husband. In the evolving scenario such provisions should first be struck off!

SAINATH DEVALLA (LEGAL CONSULTANT) 02 April 2015

Dear Ankur when was the case for adultery filed?

(Guest)

case registered in March. when the adultery incident happen

Santosh Kumar Tiwari (advocate) 02 April 2015

Sir,

This is the ground for divorce if proved before the court.

SAINATH DEVALLA (LEGAL CONSULTANT) 03 April 2015

Now U have to gather all authentic evidences and prove it.

T. Kalaiselvan, Advocate (Advocate) 05 April 2015

The wife can protest for invading her privacy because the husband seems to stalk her since January where as the incident reported to have occurred in March only, it clearly indicates that the husband has hatched a criminal conspiracy against his wife to get rid of her.

SAINATH DEVALLA (LEGAL CONSULTANT) 06 April 2015

Member first get UR account reinstated for further opinions

rajkiran (lawyer) 25 April 2015

it is immaterial that it was planned game for collection of evidence. adultary incidnece occured during continuance of husband and wife's marriage relation.hence wife cant raise plea of conspiracy against husband.also , if he has proofs this will become a strong ground for divorce and wife cant file claim under 125 of crpc for maintainance from her husband.

there are most likely chances of husband winning.