Adultery
Atish
(Querist) 07 April 2013
This query is : Resolved
Dear All,
Firstly I thank you all who have answered my quries in the past.
My wife (we have 2 sons who are living with me)had filed a divorce petition as per muslim law(and had left the matrimonial house without informing me and without any reasonable cause or any police complain filed) through my ex lawyer who had all the property and money information of our entire family as he had prepared the wills for all. In the family court we produced documents of my wife’s bank account in one bank which she had opened jointly with the lawyer as either or survivor while she was staying at the matrimonial house before filing of the Divorce petition. In the same bank she had opened a locker and had made the lawyer the nominee and she had also opened a few Fixed Deposits of quite a large amount in which she had again made him the nominee. In this bank he had introduced her as “Housewife” first with the matrimonial house address and then changed it to his office cum residential address.
We also produced another bank account in which she had made him a nominee and also a nominee for the debit card where he would be entitled to the insurance money on her death. In this bank she mentioned her status as friend to him and produced a leave and license agreement of his office cum residential address showing her as a licensor. Here he has not registered the leave and license agreement but just on a rs.100/- stamp paper for convenience of showing an introductory address in the bank. The License fee also shown and deposit shown is hardly 5% of the actual value of license fee in that area.
Besides this we had also produced photos of him picking her up from her work place while her cross was going on which she had agreed at the time of cross.
We have also produced enough documents and photos showing that my wife had coverted to Christianity many years ago. These include her photo of Baptism, letters written to her son in school preaching Christianity and many receipts of cheques given to Christian Missionaries on her name, and all this while she was residing at the matrimonial house.
We have put an application in the Family Court for Adultery and Conversion.
My wife who has made many and umpteen allegations against me in her petition has not even brought one document or oral evidence on record whereas we have brought maximum documented and oral proof against her and I really mean lots where she has lied about 95% of them in her cross which has been noticed clearly by all.
How bright are our chances of an order being passed in adultery and conversion by the Family Court with whatever proof we have provided.
Regards
Devajyoti Barman
(Expert) 07 April 2013
Honestly the evidence are not sufficient to convict her paramour in adultery.
However these can be sued to avoid maintenance if she claims for u/s 125 crpc.
Raj Kumar Makkad
(Expert) 07 April 2013
You have written that your wife has filed for divorce and no litigation on your side is pending as on day.
Though your wife has no ground to get her petition succeed but I suggest to get rid of such wife. It is better to convert the divorce petition to MCD. I do endorse the advice of Barman that even though you have ample documents, the adultery of your wife cannot be proved on the basis of those documents.
In nutshell, if you cannot arrange a punishment for her, get rid of her by providing her divorce but it the present petition because the same has been filed by her making false allegations against you. Options are two- either get the present petition dismissed and then file from your side on the basis of ample material in your hands or MCD.
Atish
(Querist) 07 April 2013
Dear Sirs,
I am more interested in adultery being announced on the Advocate so I could go ahead with other proceedings against him.
Regards
Devajyoti Barman
(Expert) 07 April 2013
then go ahead with the adultery case.
The proofs you have collected so far are nevertheless not sufficient to convict him.
R.K Nanda
(Expert) 07 April 2013
no more to add.
Atish
(Querist) 07 April 2013
Dear Advocate Barman,
I thank you all and appreciate your answer. I am still slightly confused about what exactly you meant by "The proofs you have collected so far are nevertheless not sufficient to convict him."
Kindly explain Sir.
Regards
prabhakar singh
(Expert) 07 April 2013
Q.How bright are our chances of an order being passed in adultery and conversion by the Family Court with whatever proof we have provided.?
A.The proof provided is not sufficient evidence to prove neither adultery nor conversion.
Only nexus or close relation is proved,how long it has gone is not proved,i mean,from your evidence,sexual intercourse between two can not be proved(s.497ipc).
ajay sethi
(Expert) 07 April 2013
agree with experts
ajay sethi
(Expert) 07 April 2013
do you have any evidence that they have stayed in a hotel room together ?
Raj Kumar Makkad
(Expert) 07 April 2013
Even residing in hotel room also do not ipso facto establish adultery meant for the punishment of the lawyer, which is the sole intention of the querist.
prabhakar singh
(Expert) 07 April 2013
If you have evidence like of someone who visited advocate for some reason in late night and saw the duo in compromising position...something like that could be the evidence of proof.
ajay sethi
(Expert) 07 April 2013
In case of adultery very often direct proof of the act can not be made out as it is a pure privacy acts betwen two individuals, as such circumstancial evidence can be put forth to prove the offence.Adultery can be proved by documentary proof only (Still pictures, Video pictures, irrefutable confession by one of the parties and so on)
V R SHROFF
(Expert) 07 April 2013
You want to punish someone else, - not your wife who is against you, and do not want to live with you!!
You are well advised,
Motives and intentions have a very thin separation.["Parda"]
Only you know your Motive.
World knows your intention, to prove adultery.
Atish
(Querist) 07 April 2013
Dear All,
I am extremely obliged by the ineterst taken in answering my query. I know I may be in a position where after being stabbed in the back I still as per the law am helpless in bringing the culprit to task.
Besides the solid documentary proof of 2 bank accounts and photos(except in a compromising position), and also enough documentary proof of conversion, my elder and younger sons have both filed evidence affidavits against their mother and the advocate, and have also attended court as witnesses. Besides this one third party has also done the same.
I have heard that indirect proof or circumstantial evidence, and also viewed many case laws similar to mine specially where the bank account is jointly opened has been passed as adultery. Besides this like I had mentioned that in the second bank account, the Advocate had given to the bank his residential leave and license agreement showing her as the licensee, whereas in all the petitions and other false cases they have filed on me are showing a different address. That too the leave and license agreement , has not been registered as compulsory by law here and a bogus petty amount as license fee has been shown which is nearly 5 times less of the market value. All this is filed in the Family court.
I really appreciate all your dedicated replies, and would once more request to help in answering the present query. Kindly also guide me as to what next best could be done, such as abbeting etc.
Regards
prabhakar singh
(Expert) 07 April 2013
It is hard for any of us here to appraise circumstantial evidence of any case unless a brief is examined properly.May be you have a case better and worth conviction.We are not discouraging you but simultaneously we are not over enthused for foregoing reasons.
Atish
(Querist) 07 April 2013
Dear Advocate Prabhakar Singh,
I appreciate and thank you so much for your encouragement and all the other advocates too for thier valuable advice.
I am much at ease now as the circumstantial evidence that have been produced in court has actually been appreciated by many of the local advocates. So with this on mind I will go along with an open thought and give my level best. Thank you agian.
Regards
prabhakar singh
(Expert) 07 April 2013
Then it is okay.
Wish you all the best.
Devajyoti Barman
(Expert) 07 April 2013
I only meant to say was that the proofs are sufficient to start a a case but not sufficient to meet with success.
Raj Kumar Makkad
(Expert) 07 April 2013
I am still of the opinion that the proofs mentioned by the querist do not meet the requirement to initiate the adultery case.
Atish
(Querist) 07 April 2013
Dear Advocate Barman and Advocate Makkad,
Thank you for the expedited reply. I am trying to take into consideration all your advice and put my level best.
I feel section 498 at least would apply for abetting with the ex client's wife or otherwise also a married woman who the Advocate knows is someone elses wife. I hope at least I could succeed under this section for which documents have been filed in the Family Court.
Regards
Raj Kumar Makkad
(Expert) 07 April 2013
Atish! The evidence for the filing of criminal case are required to be either provided to the police or if a criminal complaint is required to be filed then in the court case file of the trial magistrate as family court has nothing to do in such matter.
Atish
(Querist) 08 April 2013
Dear Advocate Makad,
You are perfectly right Sir. The Family Court matter has nearly come to an end and we are planning to do just as you have mentioned after the judgement.
Thank you for your kind advice Sir.
Regards
