Adultery
Ravi
(Querist) 26 July 2018
This query is : Resolved
Sir,
I am Hindu Patel (open cast)
1. My marriage was at MAY -2017.
2. After three month of my marriage, I found my wife had extra material affair (adultery) with her ex boyfriend.
My wife was accepted that.
My Wife's boyfriend was already married.
3. I have collected evidence against this matter.( Whatsapp Chat, SMS etc)
4. I want to FIR against my wife's boyfriend but my family did not want to involve police and court matter. My family and relatives mentally pressured to me and told me that away from police and court case.
5. My marriage not registered when My divorce done through on 100 ruppes notorized stamp paper at December 2017.
My question.
1. Is it valid My divorce on 100 rupees notorized stamp paper?
2. Should I FIR aggainst to my wife's boyfriend after seven months of divorce?
3. Is there valid Whatsapp chat and SMS as evidence?
4. How much law will apply against him?
5. Which type of lawyer help me?
6. What should I do first action?
7. How to strong represention my case in court?
Sudhir Kumar, Advocate 
(Expert) 27 July 2018
"My family and relatives mentally pressured to me and told me that away from police and court case"
Then you should have tolerated the nuisance
Sudhir Kumar, Advocate
(Expert) 27 July 2018
" 1. Is it valid My divorce on 100 rupees notorized stamp paper?"
it is not a divorce.
Sudhir Kumar, Advocate
(Expert) 27 July 2018
" 2. Should I FIR aggainst to my wife's boyfriend after seven months of divorce?"
what about advise of your family.
Sudhir Kumar, Advocate
(Expert) 27 July 2018
" 3. Is there valid Whatsapp chat and SMS as evidence? 4. How much law will apply against him? 5. Which type of lawyer help me? 6. What should I do first action? 7. How to strong represention my case in court?
you have top meet a lawer with the material and documents you have.
Vijay Raj Mahajan
(Expert) 27 July 2018
1. The so called divorce on Rs100/- Stamp Paper is foolish job of some tout it cannot be a qualified lawyer of Gujarat. This is waste paper throw it in dustbin. The valid divorce is always done through Family Court and it take million of years to get if the opposite party not agreeing for divorce by mutual consent.
2. No FIR can be registered against the boyfriend of your wife even if they both are indulging in actual sexual intercourse. Reason is that this offence is non-cognisable offence under section 497, 498 the Indian Penal Code and only direct private complaint with the Judicial Magistrate,can be filled against that person by the husband with whose wife the sexual relationship done without the consent of the husband.
3. The WhatsApp chat, SMS can be exhibited as piece of evidence if done according to the Provisions of the Evidence Act. However these evidence cannot prove the actual sexual intercourse taking place even if there is admission of the wife or her boyfriend, this can be taken as circumstantial evidence that such relationship may have taken place but when the criminal prosecution takes place the accused will deny it as well the wife will not admit that any such relationship took place, rather false allegations are being levied by the husband on her which amounts to cruelty and act of domestic violence on her.
4. No law will apply on him unless you have sufficient evidence against him to prove charges against him under section 497, 498 IPC which require sufficient evidence and competent lawyer to handle the case earnestly.
5. The lawyer should be senior, honest, competent in handling such matrimonial cases involving such matrimonial offences, need not be from your place or city/state.
6. Sit down and work out for divorce by mutual consent with your wife, settle the matter amicably and move ahead in a proper manner with help of honest, competent senior lawyer not the one who is basically a tout not a lawyer getting you divorce on Rs100/- stamp paper.
7.If you have honest and competent lawyer at your disposal all things will go in your favour and liking otherwise as told you there is no time limit for getting rid of the marriage the way you have been guided till date.
Guest
(Expert) 27 July 2018
Shri Lundeshwara...
Its better that you dont do anything. Your marriage is still intact as you did not get divorce decree from your. Adultery is almost impossible to prove. His lund entering into your wifes chut video should be there continously for 3 hours. Where both faces of lundwala and chut wali is visible. on top of this they both should agree in court that it is theirown lund and chut. Then also court wont punish your wife, it might punish the lund wala. And you will get divorce from wife.
India is not a proper place to marry and lead married life.
Dont waste your life. If your wife ran away, she wont come back. You marry someone else if marriage term holds any importnace in your life after all this..............
Asgher Mahdi
(Expert) 29 July 2018
I fully agree and goes with Mr.Vijay Mahajan explanation follow him what has been stated..
Kumar Doab
(Expert) 02 August 2018
Discuss in person with your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and share inputs /show the documents/evidence for a considered opinion..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Family/civil courts, HC, SC……
