File 497 adultery
Guest
(Querist) 12 May 2015
This query is : Resolved
Hi,
I want to register 497 case on the person whos had physics relationship with my wife. I have only proofs as call details from mobile bill and one call recording audio where my wife confessed the act to that person. That person comes my home frequently as i am working outstatoin and comes only on weekends. In my building there is cctv cameras where the person easily track about the day and time. but when I asked to get the copy of cctv video , owner not showing any interest to give. If i register the complaint at police station, can police help me to get that cctv footage and is there any other evidence require to the court to prove adultry had happened..
Plz help me, i have been married on 21 may 2008 and we have one four years daughter.i m in depression ,i couldn't understand what should I do.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 13 May 2015
1) file private complaint of adultery after deep thought n proof since child's up bringing will be in question.
2) Plead court to give direction to ur bldg SOC Secy to provide footage.
SAINATH DEVALLA
(Expert) 13 May 2015
Mere presence of her paramour in the cc tv footage is not enough to prove adultery,and the other evidences do not support.The cc tv will not show anything that took place inside UR house.U have to gather more concrete evidences.
P. Venu
(Expert) 13 May 2015
You can proceed. It is near impossible to have direct evidence of adultery.
Devajyoti Barman
(Expert) 13 May 2015
Proceed with whatever evidence you have. lodge a complaint with police who may obtain necessary evidences in due course of investigation.
Guest
(Querist) 13 May 2015
My wife also confessed the act to me before 1 month.the act done in presence of my daughter at Mumbai.i just pass the time to change my wife nature to forget all and concentrate to family. I asked her to change the phone number and come with me to my workstation city pune. But i dont know she denied.I do live with my wife, sometimes i asked about why this that happened. So she said you are torching me and this will happen whole life with me,if i says a word about that person or act she usually told me that she will left home or commit suicide. I m saying like it will forget one day give some time to me as it will take 1 or 2 years as example but she want all the life set instantly as past.this 21st May we complete 7 years of marriage.sometimes i thought take daughter with me to pune and let her leave at mumbai. Atleast i couldn't contact to her and without divorce i took her out of my life.
That person screwed my family and i just want give punishment through our law.plz suggest me what should I do.
Devajyoti Barman
(Expert) 13 May 2015
lodge complaint against me and take the child with you in Pune. Your wife does not seem to reform anytime soon.
Guest
(Expert) 13 May 2015
Mr. Roshan Besekar,
If you want suggestion about what should you do to give punishment to your wife through law, your expectation from experts is quite uncalled for, as you can expect positive solution to your problem from them, but not methods to punish someone just to take your revenge.
Also, without divorce if you want to keep her out of your life that is also not lawful or logical.
Solid proof of dultery is a must, not the doubt. Even if you have doubt against some person merely because he is visiting your home in your absence, why don't you try to talk to him and get his mind, why he visits your home. Otherwise, you may lodge report with the police against that person with illegal relations, so that the police may investigate properly and even get proof of CCTV footage from the owner, which you refer. You cannot expect the owner to give you CCTV footage, merely be4cause you have some doubt or have demanded from him.
Guest
(Querist) 13 May 2015
I do not want punishment for my wife.I love her loy.i would like to punished that man.and whatever i said its not doubt, my wife confessed and ask apology.
Guest
(Expert) 13 May 2015
OK, lodge a complaint with the police.
Jeetender Gupta
(Expert) 13 May 2015
Do your part of filing a complaint. Leave it police to investigate how they collect evidence. Also U/s 497 no punishment to women as abettor.
malipeddi jaggarao
(Expert) 13 May 2015
If you love your wife even at this stage, the best is to reoncile and settle the matter. Shedding the shame and family respect involve elders of that man's family, his wife's relatives (if married) and his parents on one side and your wife's parents and your close relatives on the other. Counsel your wife initially. Then make a visit to that person's home with all your relatives and tell him in unequivocal terms that if he does not leave the relation, he will have to face the consequences. What is the role of your in-laws. Ask them to convince their daughter to leave Mumbai and stay with you in Pune. Tell them that if she does not change, you will be forced for divorce. Start offensive. If you are meak, your wife will play like this only. Be assertive, so that she will be afraid and definitely there will be change as daughter is there. Ignore her suicide threats. You are not the cause for such eventuality.
Guest
(Querist) 13 May 2015
Thanks for your suggestions,my marriage is love marriage and no one from inlaws haveing any relationship with me and spouse.only her mom talked and meet her,but when i asked her mom to caunsel her she isnt taking any interest.that man is unmarried and i just know this relationship with my wife from her girlfriend and she said that he srew hers life too.wife also told me that whatever she did there where i m also responsible for it.
Guest
(Expert) 13 May 2015
In the circumstances along with your own compulsions explained by you, better be satisfied with your lot.
bsrao
(Expert) 13 May 2015
If you love her so much that you do not want to punish her for committing adultery, then what wrong do you find in the other guy? Why do you want to punish him?
Your daughter is aware of it and you are aware of it. Then, live with it.
This forum is for legal advice and the experts gave their opinion.
T. Kalaiselvan, Advocate
(Expert) 15 May 2015
I agree with the experts opinion, lodge a complaint with the police and take your daughter with you to your work station.
SAINATH DEVALLA
(Expert) 22 May 2015
Better forget UR wife and concentrate on the future of UR daughter.
