Wife's infidelity
Arjun
(Querist) 03 June 2014
This query is : Resolved
I got married four months back. After two months I get to know that my wife had and maintaining physical relation with her brother-in-law. I only get to know through the pictures sent through WhatsApp. I do not have any chats to prove. The pictures are nude selfies taken by my wife and send to that guy. I also have a self written note by my wife admitting that there was a guy in her life.
Now my wife says everything is wrongly done to demean her.
Can I prove this in court? Please advice as I am getting mad.
ROHIT SHARMA
(Expert) 03 June 2014
Dear Mr Arjun,
1. You have all the valid reasons to be get mad at her.
2. Try and patch up if you can. You have just been married for last four months and these photos would have been before she got married to you.
3. Yes, if you decide to file a petition for divorce on grounds that she has had admitted herself of having sexual relationship with a person who is not her spouse you would be able to sustain your allegations by adducing such evidences of the selfies photos and the hand written note of your wife. But such petition can be made only after one year of your marriage.
4. It can be possible that she may have regretted doing all this and if you have pardoned her then it is alright. If she has confided in you that means that she believed that you would pardon her and could have understood the mistakes that she has had done by having been made to fall into such gimmicks of her brother in law.
Arjun
(Querist) 04 June 2014
Dear Mr Rohit
Thank you very much for the valuable advice. Even I want to pardon her and move forward in life. But this mental agony is killing me daily.
However, they had physical relation even after marriage. And the selfies were sent when I, the idiot, was giving final touches to our honeymoon.
Now, is there any way I can book her brother in law. He had lured her with many fake promises and she did not ever understand what he was doing with her. Even he came as a friend to me. She is ready to say admit everything anywhere. Please advise.
N.K.Assumi
(Expert) 04 June 2014
I would suggest that you file criminal case of adultery against her brother in law, and prove all those evidence in the court and after his conviction go for divorce on the grounds of adultery.Committing adultery by wife after 4 months of marriage is a woman of easy virtue and not to be trusted.
Arjun
(Querist) 04 June 2014
Hi Assumi
Thank you very much for the advice. I need guidance on how to do the things. As I have never been to Police or lawyer.
What exactly I can do and what punishment that guy would get. What are the chances of my proving my point right? How much time it would take to complete everything.
I am in a big fix as I do not know what to do exactly. Do not want to ruin my life further. But want to see that guy behind the bars and start a new life again.
Please Please guide me.
K.K.Ganguly
(Expert) 04 June 2014
1. File a police complaint against your brother in law u/s497 of IPC bringing the charge of adultery against him,
2. If the police fail to act, file a petition before the Court praying for direction upon the police to investigate and act based on your complaint,
3. Engage a lawyer for this purpose.
T. Kalaiselvan, Advocate
(Expert) 06 June 2014
You may follow the advise rendered by expert Mr. Ganguly or consult a local lawyer and proceed as per his advise.
ROHIT SHARMA
(Expert) 06 June 2014
Dear Mr. Arjun,
1. I thank you for your having appreciated the reply that i had posted in response to your query.
2. You see, if your wife is able to come to sense that she has had sexual intercourse with her brother in law even after marriage then obviously she was under some kind if mental stupor that was been practically imposed on her by her brother in law taking advantage and exerting undue pressure. If she too believes that her brother in law has acted in defiance of social norms and need to be made aware of his criminality then you can have a affidavit made out by your wife stating therein the actual facts of the undue influence exerted upon her by her brother in law to have such illicit sexual relationship with her and have such affidavit then be attested by an Executive Magistrate as a declaration made by her u/s 164 Cr.P.C. which then you can place it together with your submission to the police or before the court to support your complaint against such person for adultery. You see this offense is compoundable i.e. you can withdraw it at a latter stage if that person indeed feels ashamed and apologizes for his conduct.
3. If you wish to have to have more in depth legal consultation as how should you be able to take this course of action then you may opt to have a paid private telephonic legal consultation with this lawyer at a very reasonable cost not more than Rs. 500.00 per session.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-Mail : lawgate1349@gmail.com
RAJU O.F.,
(Expert) 06 June 2014
If what were stated are true, I doubt, and if you want to patch up with her and continue as man and wife, then don't go for any criminal proceedings. You give a strong warning to the other guy, through an expert lawyer, stating if he attempted to continue an affair with your wife threaten dire consequences. Better you couple take councelling with a psychologist and spend few days away for honeymoon in your own world.
ajay sethi
(Expert) 06 June 2014
agree with Mr ganguly
Arjun
(Querist) 07 June 2014
Dear All,
A guy who loved his wife like anything. Just 2 months into the marriage, everything going the copy- book style, till one day, the husband gets to know that her wife had and maintaining an affair with a person who played the pivotal role in our arrange marriage.
The person, who is the brother-in-law of the wife and came as a friend to me, means the husband (me) gets cheated from his wife and a ‘friend.’
Later the wife confesses everything, and admits that she had physical relation in the husband absence. The husband, who comes from a mediocre family where hearing anything like this is a matter of life and death. The couple had to go for HIV test, thank God, we both tested negative.
The husband is shattered, cannot gather courage to discuss this even with his parents, tries to start new life. It’s never easy, be it dreams, the work, anything the nude pictures of the wife, the lies, the infidelity all hovers in the mind. I was never sure, what to do.
I know if I leave the wife, her life will be very painful, even her parents will not take care of her because of her doings.
Thinking all this now I have decided to patch up, wants to restart it altogether again. But I want to make her brother-in-law learn a lesson. Wife is ready to say everything before anybody.
Now I have some issues
1) I don’t want to ruin her life, and the issue will be shame for my family also.
2) I also want to be on the safer side and want everything documented that if ever the wife does anything wrong I have full proof of her past.
3) I want to teach that bastard a lesson
4) I don’t want the society to know everything, else it will be difficult for the wife to lead a normal life.
I am confused like hell. Please advice. With all the advices my pain has really gone down, and this website is probably saving a life at least.
Thank you all for the support.
T. Kalaiselvan, Advocate
(Expert) 07 June 2014
If you are so much concerned about the affairs that had been going on to not to let any one know about it and also want to admonish your wife and bring her back to your matrimonial life being faithful only to you, you can do so by pardoning her magnanimously, but in my opinion, whatever assurance you obtain from her in writing, may not be of any evidential value in the later stage if she denies it or expresses that it was obtained by coercion or pressure. Instead, bring the issue to light by informing both the sides, let elders take a decision to admonish her or otherwise. A cat once tasted the milk will go for it again and again by some hook or crook means, hence it is always better that you do not take individual decision on the issue, because if something goes wrong at a later stage , nobody will be there to rescue you. Think and take wise decision in patience and not in a hurry.
RAJU O.F.,
(Expert) 08 June 2014
I repeat my advice given earlier. Don't land in unnecessary trouble, if you decided to forgive and forget.
