Adultery case
Dharmender
(Querist) 12 September 2012
This query is : Resolved
My friend got Married in Feb 2012. his wife was having affair with some other guy and she continued her affair even after marriage. My friend got to know about it. He got his wifes email id and password. From there he recovered objectionable material of his wife and her boyfriend. There are bunch of mails and chats between the girl and her boyfriend. She has sent him some objectionable snaps also after marriage. My friend has filed case under adultery against both his wife and her boyfriend.He has not sent summoning to them till now.
What are the remedies for him. How can he save himself and his family from the false cases his wife might file against him under 498a and Dv act.
The girl is ready to give divorce under sec 12 of HMA but my friend wants divorce under 13(b). There is now dowry given to him.
How could he attack her and pressurize her to give divorce. The wife has sent him sms accepting her affair and seeking sorry for it.
ajay sethi
(Expert) 12 September 2012
no case for annullement is made out under section 12 of HMA . go for divorce by mutual consent . wife will agree as she will not want her boy friend implicated in an adultery case .
it is always better to resolve issues amicably rather than washing dirty linen in public
ajay sethi
(Expert) 12 September 2012
contact a local lawyer . it is your case that no dowry has beengiven . but these days numer of false 498 A cases are filed. is the streedhan in her posession?
similarly you cant stop her from filing false DV case to pressurise you to settlement she wants .
Dharmender
(Querist) 12 September 2012
But she wants divorce under 12 of HMA.The efforts for mutual consent have been done but the want divorce under 12 instead of 13(b).
That true she can file false cases but through adultery case only we can pressurize her for compromise.
If her boyfriend wanted to marry her he would have done it as the affair is from past 4 years.
Would it not help us in getting bail in 498a as we have filed adultery case and as counter attack she has filed 498a
I have heard usually lawyers advice to file 498a only after1 year of marriage. What is the reason behind it and Is the wife waiting for 1 year to get completed?
ajay sethi
(Expert) 12 September 2012
she basically wants annullment of marraige. why dont you agree ?
98%498 A cases are false .as soon as she files FIR move for anticipatory bail . your lawyer will advise you . is streedhan in her possession ?
Dharmender
(Querist) 12 September 2012
What is meaning of annullment of marriage?
Does it comes under sec 12 of HMA
There is no streedhan. Nothing was given at time of marriage.After marriage a TV and BED was given. It is there in my friends house.
Adv.R.P.Chugh
(Expert) 12 September 2012
Let me set things in the right perspective :-
1. Section 12 as Sethi Ji said is not attracted at all.
2. Pursue the divorce on the grounds of adultery. You seem to have sufficient prove to take the case to it's logical end.
3. Hope a complaint case against paramour u/s 497 of the IPC has also been filed.
4. It is a general tendency that when a woman is caught literally on the wrong foot with her tail between her legs, she would try to shift blame by filing false cases. On how to fight them read : http://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/
Good Luck !
Sankaranarayanan
(Expert) 12 September 2012
i do agreed with mr bharat, better you prove the all evidence against her adultery
Dharmender
(Querist) 12 September 2012
We have the video clips where she is involved with her boyfriend. We have got it from her email id. We also have her conversation with bf. She has sent an sms accepting her affair. I hope these documents would be good enough to prove adultery.
Case under adultery against her and her bf has been filed. Summoning is yet to be done.
ajay sethi
(Expert) 12 September 2012
but your wife wont be punished for adultery . her boy friend will be . since he knowinly had an affiar wih amarried lady without the consent of her husband .
ajay sethi
(Expert) 12 September 2012
Women can't be prosecuted for adultery: Supreme Court
J. Venkatesan NEW DELHI, December 4, 2011
the Hindu
Only a man can be proceeded against and punished for adultery, but the wife cannot be, even as an abettor, the Supreme Court has ruled.
A Bench of Justices Aftab Alam and R.M. Lodha said, “Section 497 of the Indian Penal Code [which deals with adultery] is currently under criticism from certain quarters for showing a strong gender bias, for it makes the position of a married woman almost as a property of her husband. But in terms of the law as it stands, it is evident from a plain reading of the Section that only a man can be proceeded against and punished for … adultery. Indeed, the Section provides expressly that the wife cannot be punished even as an abettor.”
Kalyani appealed against an Andhra Pradesh High Court judgment that dismissed her petition against registration of a case for adultery under Section 497 of the IPC and wrongful restraint under Section 341 of the IPC by another woman, Sailaja, who alleged that her husband was in an illicit relationship with her.
No case made out
Quashing the charges and allowing the appeal, the Bench said: “The mere fact that the appellant is a woman makes her completely immune to the charge of adultery, and she cannot be proceeded against is evident from a plain reading of Section 497…”
As for Section 341, the Bench said: “On the basis of the allegation made in the complaint, we fail to see how the charge of wrongful restraint can be made out against the appellant. All the allegations in the complaint taken on their face value do not make out any case against the accused.
“We are, therefore, satisfied that the proceedings against the appellant are equally fit to be quashed, and the High Court was in error in not allowing the quashing application filed by the appellant.”
Keywords: women issues, adultery cases, Supreme Court
V R SHROFF
(Expert) 12 September 2012
If she agree , go for 13B MC Divorce.
By peace, & get rid of such woman.
Do not invite further trouble, just to prove she is so and so.
It will take very long time to prove adultery. Appeal & Lengthy Procedure can take away your golden youth years . It may cost more than gain if any!!
You may not achieve anything proving her character, good or bad !!
If you fail you injure yourself.
If you suceed, you loose long years of your valuable young age.
You loose on both the ends!!
Dharmender
(Querist) 14 September 2012
My friend got summoning from his wife. It states that she has filed case for nulifying the marriage.
What would be the clauses under which the marriage could be nullified. Is there possibility that she might have filed 498a along with it.
What cases she can file further.
