My friend critical problem...pls help
Querist :
Anonymous
(Querist) 13 October 2011
This query is : Resolved
It started one and half year back, my friend stays in chennai and the girl in pune...my friend and the girl(Married) was chatting regularly on gmail and they also chatted on sexual topic, they used to flirt each other in almost all the topic, they even talked on phone also, then last year in may the girl visited to my friend place and stayed there for 1 day, next day her husband hacked girls' gmail account and retrieved all the chat history, and with this evidence he lodge the police complain against both and filed a divorce petition. the girl gone back to pune next day itself and after that my friend has not talked to that girl since 1 year....my friend has received the courier FIR letter and divorce petition letter... also recently he has got a mail from pune police station to report....my question is
whether my friend will faced some trouble or not in this regard.
If yes then what kind of ?
ajay sethi
(Expert) 13 October 2011
1)what are the contents of FIR? did you have physical intercourse with lady ? has husband filed complaint against his wife for adultery?
2)your friend has indulged in sex chats on regular basis . unfortunately husband lay his hands on the chat history which the girl shoiuld ordinarily have deleted .
3)you have indulged in virtual adultery . you have received summons from police to report .
4)you cannot deny the sex chats .you can state that you were indulging in harmelss flirting and no physical intercourse has taken place . (i presume there was no physical intimacy)
5) please check what defence has been raised by the lady in divorce petition
6) extramarital affairs can be dangerous to your health and finances
Querist :
Anonymous
(Querist) 13 October 2011
1)In FIR it was said that it is a criminal charges.....
2) Yes my friend has received mail from police to report.
3) Also there was no physical intimacy has taken place between them.
4) yes husband has filed complaint against his wife for adultery as well as crulety
One more thing husband and wife has fight before also on lots of issue..they even had lodge police complain before also.
Pls advice what steps my friend should take?
Querist :
Anonymous
(Querist) 13 October 2011
husband has filed divorce petition against his wife for adultery as well as crulety
ajay sethi
(Expert) 13 October 2011
if no physical intercourse has taken place no case of adultery is made out .
having sex chats with lady doees not mean that criminal offence has been committed by your friend.
as advised deny that physical interocurse ahs taken place . state that you only had chat with her and were mere friends . i presume you were not aware that she was married .
Sankaranarayanan
(Expert) 13 October 2011
according to your statement you received FIR and Divorce paper, what reason they sent it to you.
What section in FIR been lodged
Querist :
Anonymous
(Querist) 13 October 2011
my friend was aware of girls marriage sir....but he has not committed adultery...he has also not talked with her since then...her husband has filed a divorce petition on cruelty & adultery ground....my friend was not talking with the girl...thats why he is unknown about the divorce procedding...
1) normally how long it takes to get divorce in such case?
2) Whether he should respond to police summon..since he is staying in different city.
3) whether my friend will face any issue?
Querist :
Anonymous
(Querist) 13 October 2011
In the Divorce petition my friend was mentioned as Respondent-2.....Respondent-1 was lady.
prabhakar singh
(Expert) 13 October 2011
Your friend ,if knowingly had sexual intercourse with a married girl then a caseof adultery would be made out.
Essentials of Adultery:- The prosecution must prove the following things for convincing an accused on a charge of adultery-
That the accused had sexual intercourse with the woman in question;
That she was the lawful married wife of another man;
That the accused knew or had reason to believe that she was the lawfully married wife of another man;
That the husband of the woman did not consent to or connive at such intercourse;
That the sexual intercourse so had did not amount to rape.
prabhakar singh
(Expert) 13 October 2011
None can speak about the time.If police has registered a case of adultery it shall investigate and accordingly either submit charge sheet or final report before magistrate.
Not responding to police may not prove beneficial and definite advise can not be given without looking the contents of FIR.
since your friend is charged with adultery by FIR he is accordingly arrayed as respondent in divorce case.
Querist :
Anonymous
(Querist) 13 October 2011
whether my friend will face any issue?
ajay sethi
(Expert) 13 October 2011
you have to face the music .
you were aware that she was married .
what is crucial is wife defence ?
has she stated that physical intercourse has taken place ?.
cordinate your defence with that of the lady
Querist :
Anonymous
(Querist) 13 October 2011
She will never say that physical intercourse has taken place....in that case what would be the consequence?
Querist :
Anonymous
(Querist) 13 October 2011
sir pls advice
Shastri J.K.
(Expert) 13 October 2011
No,Ur. friend will not face any issue .
Querist :
Anonymous
(Querist) 13 October 2011
Thank you sir....
Whether my friend needs to respond to police summons?....since its in different city.
Querist :
Anonymous
(Querist) 13 October 2011
Experts pls advice
prabhakar singh
(Expert) 13 October 2011
do you know to simply write questions
or to
READ ANSWERS ALSO.
RE READ THE ANSWERS.
Guest
(Expert) 13 October 2011
i think you are suffering not your friend. so that you could not be able to under stand the answers given by experts. better consult your lawyer
Querist :
Anonymous
(Querist) 13 October 2011
Sorry Sir...that answer was not clear to me thats why i asked again....also it is not me but my friend..... i just wanted clarification on that point.
I am pasting the summon email that has came to friends email from police.
THIS IS TO INFORM YOU THAT MR. ..... HAS FILE A COMPLAINT IN HONARABLE JMFC COURT PUNE MAHARASTRA WITH RESPECTIVE THE COMPLAINT WE ARE ORDERED BY HONARABLE COUTRT TO INQUIRED INTO THIS CASE. WITH IN STIPULATED TIME BY THE COURT.
IN THIS REGARD YOU ARE ADVICED TO REPORT IN ...... POLICE STATION, , ON OR BEFORE - ...... PLS TAKE PRIOR APPOINTMENT BEFORE VISITING UNDERSIGNED.
WE SHALL TAKE APPROPREATE MEASURES IN CAS NOT REPOTRT AS PER THE ABOVE MENTION TME PERIOD
Pls suggest further action?
Querist :
Anonymous
(Querist) 13 October 2011
Sir pls advice on further proceeding for friend?
Querist :
Anonymous
(Querist) 13 October 2011
Awaiting for the reply sir..pls reply
Raj Kumar Makkad
(Expert) 13 October 2011
Court might have ordered for enquiry under section 202 Cr. PC and accused has been directed by police to join investigation. There seems nothing to understand this simple matter.
Shonee Kapoor
(Expert) 13 October 2011
Your friend is in deep shit.
Criminal case u/s 497 is instituted against him and the husband of her friend can seek divorce based on "hotel room and register" principle.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
