Adultery evidences...???

Dear Mr.  Wilfred,

We the experts in law are to give legal advice to the querists . Why he or she is  seeking for we do not know and we are not at all interested to that.

Wilfred,

this forum is to help each others when they are in trouble. no-one is here for time pass. Ur very good experience and that long story of 'how you work' is good for you... but when u cannot help, pl stay away !! without knowing all facts, i humbly request you to not comment on anything against anyone.and no one here is interested in what all u did... am sure thr are many many much experiences , senior, successful lawyers than you here.. !!!!!!

Dear Adv Roy sir..

i asked for clear answers as i am not from legal background. facing all this first time hence, really tough to understand the law language. wud really appreciate if u can just reply to every query i made... line by line.. (in short, me and wife are living separately since last 8 years but nvr got divorced because of our son. being a normal person and alone for so many years, i got involved in an affair abt 3 backs back and now want to settle down with that girl. now, my wife wants 2 cr + son for MCD else, i will have to face 498A and DV etc. i cannto let go my son and hence, want to understand what all can go bad in my case)

DEAR MR . BISWANATH ROY 

                                                  WHY I HAD POSTED MY COMMENT IN THAT MANNER WAS , FIRST IT LOOKED LIKE AS IF HIS WIFE HAD COMMITTED ADULTERY AND HE WANTED TO PROVE THAT AND GET DIVORCE FROM HER . BUT AFTER RECEIVING MANY REPLIES TO HIS QUERY , HE IS COMING OUT WITH THE TRUTH THAT WHAT ALL HE HAD STATED WAS DONE BY HIM AND HIS WIFE MAY BE HAVING THE PROVE FOR THAT AND HE MIGHT HAVE LANDED IN TROUBLE . THIS HE COULD HAVE DECLARED BEFORE THE FORUM MEMBERS FIRST ITSELF WHEN HE RAISED THE QUERY . I FELT THAT HE HAD NOT DISCLOSED THE TRUTH BEFORE AND NOW COMING OUT WITH THE ACTUAL FACTS . I WAS DISTURBED WHEN HE ADMITTED HIS GUILT ONLY LATER ON . WHEN HE IS OF THAT TYPE , HE SHOULD NOT HAVE OPTED TO TAKE CUSTODY OF THE CHILD JUST TO AVOID GIVING MONEY TO HIS WIFE . EVERYBODY KNOWS HOW A STEP MOTHER TREATS THE CHILD OF HER HUSBAND'S FIRST WIFE . IN SUCH A CIRCUMSTANCE , HE SHOULD NOT MAKE THE FUTURE OF THE CHILD " DARK " . HE CAN VERY WELL GIVE THE CHILD TO HER AND LIVE WITH HIS SECOND WIFE HAPPILY . THIS IS GOOD FOR HIM ALSO . IF HE COME OUT WITH THE TRUTH EARLIER ITSELF , I WOULD NOT HAVE REPLIED TO HIS QUERY AT ALL. NOTHING MORE TO ADD IN THIS MATTER - JOSEPH WILFRED - 19/01/2014 AT 08.12 HRS  

DEAR MR QUERIST 

                                  DON'T CROSS YOUR LIMITS AND COMMENT ANYTHING ABOUT MY CONDUCT AND CHARACTER IN AN ELECTRONIC MEDIA AND DON'T THINK THAT I WILL READ YOUR SO CALLED LIES PUT BEFORE THIS FORUM . YOU ARE TELLING ME TO KEEP QUIET  WITHOUT KNOWING THE FACTS . I AM 58 YEARS OLD NOW BUT DON'T LIKE SUCH COMMENTS . DID YOU COME OUT WITH THE ENTIRE FACTS AND TRUE FACTS BEFORE THIS FORUM . NOW YOU HAVE COME OUT WITH ANOTHER FACT THAT YOU ARE SEPARATED FROM YOUR WIFE FOR THE LAST EIGHT YEARS AND AND YOU HAD AN AFFAIR WITH ANOTHER GIRL FOR THE LAST 3 YEARS . JUST BECAUSE YOUR FIRST WIFE IS DEMANDING MORE MONEY , YOU WANT TO SPOIL THE FUTURE OF YOUR OWN CHILD WHO KNOWS NOTHING . WITH YOUR CHILD , YOU CANNOT LIVE A HAPPY SECOND MARRIED LIFE WITH THAT GIRL . YOU KNOW HOW THE SECOND WIFE'S TREAT THE CHILDREN OF HER HUSBAND'S FIRST WIFE . DO YOU WANT TO MAKE YOUR OWN CHILD TO BE MADE A SCAPEGOAT JUST FOR MONEY . YOUR FIRST WIFE NEED NOT SUE YOU FOR ADULTERY , BUT SHE CAN VERY WELL SUE YOU FOR THE FACT THAT YOU ARE LIVING WITH ANOTHER LADY AND DESERTED HER .  IN SUCH A CASE WHAT WILL YOU DO . THAT IS A SEPARATE SECTION AND IT IS CRIMINAL . SHE CAN PROVE THAT WITH THE EVIDENCE SHE IS HAVING . THEN YOU HAVE TO ADMIT BEFORE THE COURT THAT ,YOU HAVE NOT MARRIED THAT GIRL AND ONLY LIVING WITH HER . THAT IS ENOUGH FOR THE COURT TO PASS ORDERS AGAINST YOU AND WHAT YOUR FIRST WIFE DEMANDS IN THE COURT WILL BE GIVEN . AS PER MANY SUPREME COURT JUDGEMENT A HINDU WIFE SHOULD LIVE UNDER THE ROOF OF HER HUSBAND AND THE HUSBAND SHOULD MAINTAIN HER AS SHE LIVED EARLIER . IF THE HUSBAND IS NOT WILLING TO KEEP HER WITH HIM , THEN HE SHOULD PROVIDE HER A SEPARATE HOUSE ACCORDING TO THE STANDARDS SHE IS ENTITLED TO IN HER HUSBAND'S HOUSE . NOT ONLY THAT THE HUSBAND IS BOUND TO GIVE EQUAL SHARE IN THE PROPERTY WHETHER HE PURCHASED IT ON HIS OWN OR THAT INHERITED ONE . HE HAS TO MAINTAIN THE EXPENSES OF THE CHILD AND HIS FIRST WIFE OR GIVE A LUMPSUM IN LIEU OF THAT WHICH SHE AND THE COURT SHOULD AGREE . SO TRY TO GET THE MATTER SOLVED IN A AMICABLE MANNER AND GET PERMANENT LEGAL SEPARATION THROUGH ALTERNATE DISPUTE REDRESSEL MECHANICAL ( ADR ) IN WHICH CASE BOTH CANNOT BRING IN ANY CHARGE AGAINST EACH OTHER AND IT WILL BE SETTLED EASILY IN A COURT OF LAW . THIS IS ALSO A DIVORCE ONLY . OTHERWISE YOU WILL LOOSE YOUR PEACE OF MIND . THIS IS MY LAST ADVICE TO YOU- JOSEPH WILFRED - 19/01/2014 AT 08.55 HRS      

JOSEPH..

THANKS FOR YOUR LAST 'UNWANTED' ADVICE..  I  guess at your age you should rather retire and stay at home. You are trying to be a GURU who knows everything...and if you say u are very experienced into the field of law.... TRUST ME, u have wasted your life...  

I told you very clearly, your idiotic replies are not welcomed.. !!! You need not comment on anything which you do not know. hence, stop being a total waste on this forum and let the experts speak.... If you wud have been an expert or even well qualified and experienced, you would have asked for more details about my case and then started with your gyaan giving and blaming me for something which i have nvr done. JUST TO INFORM YOU THAT - i am still living with my wife in the same house, in different rooms... and still paying for all her expenses. As am troubled beacuse of her everyday fights, need to move on in life.

Self proclaimed experts like you are worth nothing..just commenting and advicing without knowing the facts... !!! FIRST GET INTO THE DETAILS and then advice..... else stay away !!!    hope  I HAVE MADE THIS VERY CLEAR THIS TIME !!!!

Read Adv. Roy's last post on this thread... he also made it clear to you - answer that much what is required... !!!!

YOU ARE NOT WELCOMED TO SAY ANYTHING FROM NOW ON !!!  

DEAR ADV ROY,

Read WIFRED's last comment to you... HE IS CALLING ME 'THAT' TYPE OF GUY WITHOUT EVEN KNWOING ANYTHING ABT MY CASE HISTORY..  EVEN YOU CALLED ME DULL HEADED IN YOUR COMMENT BUT I ACCEPT THAT I WASNT ABLE TO UNDERSTAND THE LAW LANGUAGE AND HENCE CUDNT MAKE OUT WHAT IT MEANT.

anyways.. sir.. with limited facts shared with you... do advice what best can be done and expected !!!

thanks and regds

This is unfortunate that the query under reply is prolonging to a considerable length unnecessarily. I further say that being a senior citizen I am entitle to some concession.  If my comment hurts any body  that can be taken up easy.  . Be it noted that to prove or disprove adultery is a hard task. in as much as  the appearing Advocate must have thorough knowledge in Evidence Act, constitutional law, English Jurisprudence Indian Penal Code and  salient features underlined in Hallsbury  Laws of England. So your  query relating to your case is such that adultery can be prove as well as it can be disprove.. It entirely depends upon the ability of the Advocate .This opinion is based upon your query without knowing the details of your case.

dear, legal definition for adultery is :
Voluntary s*xual relations between an individual who is married and someone who is not the individual's spouse.
It means if a man is involved with a unmarried girl, its not adultery and you have read it right.
Evidence Customary rules prescribe the types of evidence that can be offered to prove guilt or innocence. There must be a showing by the prosecutor that the accused party and another named party had s*xual relations. Depending on state statutes, the prosecutor must show that either one or both parties to the adultery were wed to someone else at the time of their relationship.
Evidence that the defendant had the chance to have s*xual relations coupled with a desire, or opportunity and inclination, might be sufficient to prove guilt. Photographs or testimony of a witness who observed the couple having s*xual intercourse is not necessary. The fact that a married woman accused of adultery became pregnant during a time when her husband was absent might be admissible to demonstrate that someone other than her spouse had the opportunity of engaging in illicit s*x with her.
Letters in which the accused parties have written about their amorous feelings or clandestine encounters may be introduced in court to support the assertion that the parties had the inclination to engage in s*xual relations. Character evidence indicating the good or bad reputation of each party may be brought before the jury. Evidence of a woman's s*xual relationships with men other than the party to the adultery generally cannot be used; however, if her reputation as a prostitute can be demonstrated, it may be offered as evidence.
Suspicious activities and incriminating circumstances may be offered as Circumstantial Evidence.
Adultery is one of the grounds for divorce.
Section 497 of IPC prescribes the punishment for adultery and says
Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descriptttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
Regards

isha bhardwaj

09555507507

DEAR MR. RISING SUN 

                                       YOU HAVE EXCEEDED YOUR LIMITS ABOUT MY CONDUCT , CHARACTER , EXPERIENCE IN MANY FIELDS INCLUDING MEDIA AND NOW YOU HAVE CALLED A 58 OLD PERSON AN IDIOT . IF YOU HAVE THE GUTS WHY DON'T YOU EXPOSE YOUR NAME AND PUTTING QUESTIONS FROM BEHIND . DO YOU KNOW ONE PARTICULAR MATTER - " ANYBODY NOT YOUR WIFE OR THEIR RELATIVES OR THEIR FRIENDS WHO COME TO KNOW THAT YOU ARE MARRIED AND YOU HAVE DESERTED YOUR WIFE OR YOUR WIFE LEFT YOU KNOWING YOUR ILLICIT RELATIONSHIP WITH ANOTHER WOMAN , CAN LODGE A COMPLAINT EITHER IN A POLICE STATION OR IN THE APPROPRIATE COURT OF LAW. NOW I CAN LODGE A CRIMINAL COMPLAINT ON YOU FOR HAVING ILLICIT RELATIONSHIP WITH ANOTHER WOMAN " . YOU MAY ASK ME WHAT IS THE PROOF ? THE PROOF IS NOTHING BUT WHAT ALL YOU HAVE STATED IN THIS ELECTRONIC MEDIA WILL BE PROVIDED AS A PROOF . I WILL FILE A MISCELLANEOUS PETITION IN THAT COURT FOR A DIRECTION TO PROVIDE YOUR DETAILS TO THE COURT AND WHAT ALL YOU HAVE ADMITTED IN THAT . THIS IS THE FIRST ONE FOR YOU . THE NEXT IS ONCE YOUR COMMENTS ARE PROVIDED TO THE COURT , I WILL FILE ANOTHER PETITION UNDER THE INFORMATION TECHNOLOGY ACT 2010 AS AMENDED UP TO DATE FOR YOUR COMMENTS ABOUT ME IN THE ELECTRONIC MEDIA UNDER VARIOUS SECTIONS OF THE ACT . THE NEXT IS CRIMINAL DEFAMATION FOR PROSECUTING YOU FOR DEFAMING ME IN THIS FORUM . WHOEVER IS BEHIND YOU MUST COME OUT . I WILL GIVE YOU 72 HOURS TIME FOR AN UNCONDITIONAL APOLOGY FOR YOUR COMMENTS ABOUT ME . THESE MATTERS WILL BE GIVEN WIDE PUBLICITY IN ALL NEWS PAPERS SO THAT YOUR WIFE WILL COME TO KNOW OF THIS . IN THIS WAY SHE IS GOING TO PUT YOU BEHIND BARS . NO FURTHER COMMENTS ABOUT ME EXCEPT AN UNCONDITIONAL APOLOGY  FROM YOU . YOU HAVE DONE THIS WITHOUT KNOWING IN WHAT WAYS I CAN TRAP YOU - JOSEPH WILFRED - 20/01/2014 AT 18.33 HRS. 

You got a bit too emotional Wilfred..

With due respect, i never wanted to hamper your image or to taint your image in a wrong way. I dont even know you and dont even want to..  Read the entire thread again, the way you have been blaming me without knowing anything abt me... or my story.. wasnt acceptable.

Read my last post to you, i clearly mentioned... you should have asked me about details about my case, without pointing out anything...on me. This forum is to help people and you soud understand that all in this world have done wrongs and thats why land up in trouble. i never said, i am true on my part thats why i had the courage to accept my mistakes and asking for remedy now. There are many worse people who do wrong and never accept their mistakes.

Also, i have been mentioning very clearly, please not to reply on my post...but when u reply 'anything' blaming me...that would have been obviously the first reaction from anybody in my place. You would be very good in your field and whatever you are doing.. but for me..when you start blaming me - was completely wrong and uncalled for. READ YOUR LINES AGAIN..WHICH YOU WROTE ABOUT ME.. AND YOU WILL UNDERSTAND WHY I WROTE THAT...

but again... i never wanted to hamper your image and hence...lets call this off from here. you may keep helping many many more people on this forum bt please do not bother to reply my posts...

thanks and again..... ALL REGRDS TO YOU.... I NEVER MEANT TO HURT YOU 'INTENTIONALLY'  

DEAR MR. RISING RUN 

                                        WHEN YOU ARE POSTING A QUESTION IN THIS FORUM , YOU HAVE NO RIGHT TO TELL ANY MEMBER OF THIS FORUM " NOT TO REPLY TO YOUR COMMENTS ". IN THAT CASE YOU SHOULD HAVE CONTACTED ANY PERSON FROM THIS FORM OVER PHONE TO GET HIS ADVICE . YOU WANTED TO GET FREE ADVICE ,THAT IS WHY YOU HAVE POSTED YOUR QUESTIONS IN THIS FORUM . DO YOU CAME OUT WITH THE ENTIRE TRUTH . YOUR QUESTION WAS AS IF YOUR WIFE HAD COMMITTED ADULTERY AND YOU WANTED TO PROVE IT . YOU GO BACK TO THE REPLIES POSTED BY MEMBERS OF THIS FORUM AND EVERYBODY HAD GIVEN ADVICE AS IF YOU WANT TO PROVE YOUR WIFE'S ADULTERY . NOT ONLY THAT YOU HAD RAISED A QUESTION ABOUT RAPE OF A UNMARRIED GIRL AND ALSO ADULTERY OF AN UNMARRIED GIRL . THAT QUESTION RELATES TO THE GIRL YOU ARE NOW HAVING ILLICIT RELATIONSHIP . EVEN THIS GIRL YOU HAVE NOT DECIDED TO MARRY . EVEN IF YOU GET A DIVORCE . EVEN I REPLIED TO YOUR QUERY ABOUT PROVING ADULTERY WITH PHOTO AND ALL AS THEY SHOULD SEND IT TO LAB INVESTIGATION WITH THE MOBILE OR THE CAMERA TO GET THE OPINION .BUT I SMELT SOMETHING WRONG HAD BEEN COMMITTED BY YOU , WHEN YOU CAME OUT WITH EACH QUESTION . 

         BUT I AM FROM A BANK AND THAT TOO MANAGING A UNION IN A WHITE COLOR JOB , ONE MUST HAVE VERY GOOD EXPERIENCE . I HAVE 20 YEARS EXPERIENCE TILL MY VRS . NOW DON'T TRY TO SHIFT THE BLAME ON ME THAT I BECAME EMOTIONAL . IF I HAD BECOME EMOTIONAL MY REPLY WILL NOT BE LIKE " WHAT I WROTE " . WHAT DO YOU KNOW ABOUT ME OR MY CAREER IN THE BANK AND NOW . WILL A MANAGING DIRECTOR OF A BANK SPEAK TO YOU IF YOU GO AND MEET HIM . OR WILL ANY INDIAN FOREIGN SERVICE OFFICER OR INDIAN POLICE SERVICE OFFICER WILL MEET YOU . YOU ARE CALLING ME AN IDIOT . YOU SHOULD NOT CALL EVEN A REAL IDIOT" AN IDIOT " .  THAT IS AN OFFENCE . YOU DON'T KNOW ANYTHING ABOUT ME AND CALLING ME AN IDIOT AND FURTHERMORE TO RETIRE FROM THE JOB , WHO ARE YOU TO TELL THAT . IF YOUR BEHAVIOR TO AN UNKNOWN PERSON IS LIKE THIS . " THEN WHAT NOT YOU WOULD HAVE DONE TO YOUR WIFE ? THE COURT WILL COME TO THE CONCLUSION ON YOUR BEHAVIOR IN THIS MANNER ONLY . YOUR WIFE WILL WIN THE CASE " WITH HANDS DOWN " AND WILL PUT YOU BEHIND BARS FOR  "BIGAMY " AND WILL MAKE YOU " NOT A RISING SUN BUT A SETTING SUN "

         EVEN NOW I RESERVE MY RIGHT TO TAKE CRIMINAL ACTION ON YOU AT ANY TIME . THERE IS NO TIME LIMIT TO TAKE CRIMINAL ACTION . YOU WRITE TO THE FORUM TO " EXPUNGE ALL YOUR UNWARRANTED COMMENTS ABOUT ME WHICH YOU HAVE POSTED IN THIS FORUM , WITH AN UNCONDITIONAL APOLOGY FROM YOU FOR YOUR ACTS . YOU REQUEST THE FORUM TO POST EVERYTHING WITH AN OBSERVATION THAT ALL THESE ARE " EXPUNGED"  WITH AN UNCONDITIONAL APOLOGY FROM YOU . - JOSEPH WILFRED - 21/01/2014 AT 22:42 HRS  

Wilfred,

I clearly mentioned that I never wanted to taint your image and hurt you in any way. I expected people to comment and not blame me. No one can judge here and decide who is wrong or right without knowing the facts of the case. Your last comment also talks about blaming me for bigamy and getting punished , which isnt even close to my case. You 'smelt' that i have done anything wrong ?? I ask you that does the court or any lawyer works like this ? do they work on evidences or "smell" things out ? Then you talk about rape - where did that come from ? Then you go on to think that if i can call you an idiot on your comments, how bad i would be as a person ? I mentioned very clearly in all my comments that you need to know all facts before commenting on anyone but you went on and with your words, called me a bad, immoral and a clear culprit. Implies you pointed out fingers on my character without knowing the facts of my case. You doing that which was clearly uncalled for. Also, read my question again, i cleary asked how will it affect a man ? etc etc...but then u thought of it for the wife and started commenting on that ? how clear could i have been in my words ? there is always a reaction to every action and hence i used that word... else, never meant that !

In my last post also, i mentioned i did not want to tarnish ur image, But still if my saying what you mentioned keeps you happy, i say it to entire forum to expunge all my comments about you which i had posted in this thread and i did not mean a word i say ! hope this makes you happy. i again say i did not want to hurt you or to tarnish ur image. considering your age, i would not want to do it to anyone anywhere. And you are right - i should not even call a real idiot, an idiot. i am an educated. well aware and well connected person and i know how things move in life. so, i decide to move on and not stick to this thread anymore. My last comment on this thread.