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Marriage - need help

(Querist) 02 November 2012 This query is : Resolved 
Hi experts

I have one query.

My wife has filed a police complaint against me for mental harassment and having an affair. We have a child of two months. She was living with her parents from six months due to pregnancy. She had done argument that she already warned me before and I did it second time.

First time she had seen a sms in my mobile. I deleted it after just casual talk between us. Now she have a tape of call recording between me and my friend which contains so much se*ual talk and not an ordinary talk. The recording is of six months ago.

I don’t want to leave my wife and I already left my friend but she does not believe me.

Now my question is,

1. If she will file a case against me, which pencal code should be against me?
2. Is se*ual talk is enough to prove adultery?
3. Further what can I do in this matter?
V R SHROFF (Expert) 02 November 2012
1. If she will file a case against me, which pencal code should be against me?
ANS : NIL
2. Is se*ual talk is enough to prove adultery?
ANS : NIL NO.
3. Further what can I do in this matter?
ANS : APOLOGY:
DO NOT REP[EAT.

THE PHYSICAL NEED OF YOUNG MAN LEAD THEY TO SLIP TO THIS WAY. It upset a young married wife with small child / in womb otr delivered. You made a mistake , it is immoral, it is a sin, You could not control , that you should have. Now ask her to forget and forgive. Promise her, you will never repeat it in Life. & Honestly keep your Promise, It will take long time to regain her trust. Wait for it. Do not fight, Take due care of her health and that of your child. if you are insulted by her parents, brothers or sisters, ignore it, as you deserve it.

As far as Laws are concern, Don't worry about it.
More important is Life, not Laws.
Do not forgive the outsider Girl/ Woman, who misguided you for her gains. At least she should understand, how painful it is to tolerate such news of her husband specially by a pregnant lady.
God Bless You.
Devajyoti Barman (Expert) 02 November 2012
Try to win back your wife. Yo have already committed a folly and if you wife files any criminal case against you then it is you who only is to be blamed. Forget the law and concentrate to get her love and affections back.
Suketu (Querist) 02 November 2012
Hi

Thanks for the reply…

I already apologized and committed not to do again. But she does not believe. Still I am apologizing and I will continue to apologize still but she is not ready to talk. So I asked about legal parameters.

Thanks for the help…
Advocate M.Bhadra (Expert) 02 November 2012
First you should try to convince your wife by your close relatives,failing which you can file a suit for Restitution of Conjugal Life in Family/District Court for return back of your wife,which also may be defend against a case as lodge by your wife in future.


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