adultery

Querist : Anonymous (Querist) 22 January 2010 This query is : Resolved
i am hindu.my wife desrted me one year ago witha a child.i tried her to get back my home where i am working as a govt employee.but she wants me to transfer to her parental town.i need to take care of my old 65 years father.after one year of desertion i am living together with one of my fathers relative of unmarried girl aged 17 years without marriage and with my father also with her parens consent.and she is studying degree.in view of society we are married couple.but there is no any record of "i am her husband"like college admissions,hospitals....photographs..no birth of child also ...etc
now my wife wants to file an adultry case on me.what type of evidences can court ask to prove it?

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Zahid Anwar Ansari (Expert) 22 January 2010
In Hindu Law Bigamy is a Criminal Offence.
You have a consent of 17 yrs old female and you lived like a marreid life. If you are admitted this facts before the court then you are guilty of bigamy. Before admitted this facts you file a case for Divorce as soon as possible. If your wife lodged a F.I.R. then you face very difficulty. Contact a Lawyer with your un-marreid Partner. Remember that you have a relation of minor girl. In case of minor consent is not maintainable its only in Rarest of Rare Case.

n.k.sarin (Expert) 22 January 2010
she can not prove adultery d'nt worry

Adinath@Avinash Patil (Expert) 22 January 2010
YOU FILE CASE FOR DIVORCE AGAINST FIRST WIFE. THOUGH THERE IS NO EVIDENCE OF MARRIAGE OF YOUR SO CALLED SECOND WIFE IF YOUR FIRST WIFE PRODUCED SOME EVIDENCE ORAL OR DOCUMENTRY YOU WILL BE PUNISHED HENCE IT IS BETTER TO CONTACT LOCAL ADVOCATE AS EARLY AS POSSIBLE.

B K Raghavendra Rao (Expert) 23 January 2010

Any person making allegation need to prove it. In your case, your wife is alleging adultery. She has to prove it. Do not be under the wrong impression that it could never be proved if there is no proof of your adultery. The girl with whom you are living, when your relationship sour, may come forward to help your wife. No body could be believed these days.

Basically what you have done is legally wrong. You should have convinced your wife to live with you or you should have proceeded to divorce her. Only after your divorce, you could have taken recourse to what you have done now. Major thing is that the girl with whom you are living is a minor girl.

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