Adultery
Querist :
Anonymous
(Querist) 07 June 2018
This query is : Resolved
I have a situation, which may be complicated. My wife is having an affair with a man who lives in a different city. This man is/was married (I am not sure) and has two children from his own marriage. Since this man and my wife (and I) live in different cities, they do not meet often, but once in a while my wife has to travel alone to the city where this man lives for work purposes and there is no evidence to prove that they meet. I do have screen shot of their WhatsApp conversations which are sometimes just plain everyday happening discussions, sometimes graphic talking about sexual matters, and sometimes declaring their love for one another. I also have pictures of them together (these pictures are just of the two of them standing together in the presence of other people), some pictures are selfies (which are seductive in nature, but that's a subjective interpretation), while some pictures are of private body parts. On one occassion (there could have been others) there is a screen shot of a video chat, where the main screen is that of a male private part, and in the bottom corner is a small picture of my wife naked. I also have several screen shots of a conversation with an uncle, who my wife turns to for fatherly advice. The conversation is a decent one with no graphic content, but the discussion is clearly about her having an extra marital affair. Other than this I do not have any videos or phone recordings.
Given the limited amount of evidence I have, what kind of a case can be built?
Guest
(Expert) 07 June 2018
You have not mentioned about your children. Better meet an advocate of your place with all evidences you have and file a suit for divorce basing on bigamy. Do not get irritated or insulted and do not be rude with your wife which could ruin your life. Amicably sort it out and get the divorce with the help of a local advocate and lead a peaceful and pleasant life in future.
Querist :
Anonymous
(Querist) 07 June 2018
My wife and I do not have any children. I do not intend on breaking up my marriage either, as I intend to fulfil my wedding vows. If my wife wants to file for divorce, that's up to her, but I will not stop her.
My query is based on my recent reading on IPC section 497. Can I file a case against this man?
Guest
(Expert) 07 June 2018
For filing Sec 497 IPC there should be a solid proof or evidence of the sexual intercourse relationship.
Guest
(Expert) 07 June 2018
By filing a case against the man who had such relationship with your wife obviously you would have to face many problems in your family which i do not prefer to discuss.
Guest
(Expert) 07 June 2018
Let other Experts/Advocates here guide you or else discuss with local advocate.
Siddharth Jain
(Expert) 07 June 2018
No Court shall take cognizance of the offence under Section 497 except upon a complaint made by the husband of the woman or, in his absence, made with the leave of the court by some person who had care of such woman on his behalf at the time when such offence was committed.
Section 497 punishes the offence of adultery committed with a married woman without the consent or connivance of her husband. The main feature of the offence of adultery is that the male offender alone has been made punishable.
Section 497 of the Indian Penal Code and Section 198 (1) read with Section 198 (2) of Criminal Procedure Code, go hand in hand and constitute a legislative packet to deal with the offence committed by an outsider to the matrimonial unit who invades the peace and privacy of the matrimonial unit and poisons the relationship between the two partners constituting the matrimonial unit.
for any other queries feel free to contact me at isidjain1@gmail.com.
Regards.
K Rajasekharan
(Expert) 07 June 2018
The facts described here do not seem to be sufficient to constitute either bigamy or adultery and you have only limited possibility to proceed against any of them with those facts.
Vijay Raj Mahajan
(Expert) 07 June 2018
Bigamy is not the offence made out even by the querist so no use mentioning it.
As far charges under section 497 IPC for offence of adultery is concerned, definitely as husband of the woman who indulged in physical relationships with another man without your consent is matter of concern.
The photographs of wife in nude and conversation between the wife and another man etc.may not actually prove beyond reasonable doubts these two indulging in physical relationships outside marriage for criminal proceedings, however, for civil petition for divorce if filled by the husband of the wife indulging in the relationship may be inferred by these evidence and Family Court can allow divorce.
Guest
(Expert) 07 June 2018
In adultery case limited evidence has no relevance. The evidence must be solid and fool proof. Otherwise, don't try to hit in the dark.
Ms.Usha Kapoor
(Expert) 08 June 2018
First try to sort it out amicably. If it doesn't workout file a suit for divorce on adultery against your wife if you have strong proof. Or file MCD against your wife with her consent.
Ms.Usha Kapoor
(Expert) 08 June 2018
First try to sort it out amicably. If it doesn't workout file a suit for divorce on adultery against your wife if you have strong proof. Or file MCD against your wife with her consent.
Kumar Doab
(Expert) 08 June 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab
(Expert) 08 June 2018
IT shall always be appropriate to consult elders of the family, competent and experienced well wishers, seasoned PIP ….and get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in Family/criminal matters and well versed with LOCAL applicable rules/laws that apply and having successful track record…. and worth his/her salt..by showing matter related evidences and giving inputs in person…..
If your spouse initiates for divorce, you may agree.
You have also posted a hint on IT.
Thus you would liberate from troubled wedlock.
One can believe that court can draw inferences from corroborating evidences……But there would be seasoned PIP or lawyers on OP’s side also and they would also be trying their level best.
