Adultery, unnatural sex
ganesh athraya
(Querist) 14 September 2018
This query is : Open
Dear experts,
Can husband file a case of Unnatural sex on his Spouse and her paramour. if so can he do it at the police station.
As i know adultery case can be filed as a PCR and then Magistrate takes cognizance and the case is converted to CC only on the Paramour and not on the Spouse.
regards,
GA
Guest
(Expert) 14 September 2018
Post your Real issues please ..............
ganesh athraya
(Querist) 14 September 2018
Wife has committed adultery.
The evidence is in form of Photos and Videos.
living separately since Discovery day Feb 2016
wife signed an agreement for mutual divorce.
Girl of 9 years child is with Me (father)
Wife left home in Nov 2017
Wife took away the child in Feb 2017 from school., the school helped in getting the child back as I had informed about the condition that Mother is no more staying with us and I was the one dropping and picking up the child.
On Feb 10th 2017, She filed a Kidnap case, an FIR was done on sec 498A,323, Chargesheet done. still to be served summons from the court.
Daughter was sent with me.
On March 17, 2017, she filed for Divorce, I was served the notice and I have filed my reply. Along with she filed IA for child custody and Maintenance.
Have replied to the petitions, submitting the proofs of adultery(photos and Videos)
1. IA for visitation was allowed and she got visitation rights on 1st and 4th Sat each month. She has file further(11) IA for custody during various holidays. which I have honored.
2. IA for maintenance was Dismissed in April 2018, reasons 1., adultery, 2. The child is with Father, 3. She is earning.
she has not appealed the order.
3. Last week she has filed a fresh case under GAW act for custody.
My Questions are:
1. How long will it take for the Court to grant the divorce, now that the IA 3 has been dismissed with a note of adultery?
2. Would she be getting the custody even when she has been adulterous?
--------------------------------------------------------------------------
I have filed a case under sec 497 against the paramour., with the submitting the proofs of adultery(photos and Videos).
cognizance has been taken and Court has ordered the Police to bring the adulterer. Adulterer did not accept the Summons and thus the Court has released a Non-Bailable Warrant. he seems to have gone into hiding.
My Questions are:
1. What would be next steps from the court side?
2. As the photos and Vdos have evidence of Felatio and Cunnilingus, can I file a case of unnatural sex (u/s 377) on the wife and her paramour.. if yes, then is it at the police station or should i be filing a PCR and then take it forward.
krishna mohan
(Expert) 19 September 2018
what is advise of your lawyer?
ganesh athraya
(Querist) 20 September 2018
No lawyer yet for this case, so asking here in expert group
