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(Guest)

Adultery proofs

Hi Dear All . one of my married friend having affair with unmarried woman whose husband is abroad for work.His females friends husband having cctv footage of male friend admission his house and whatsapp chats with wife nude selfies and erotic chat massages. are these enough proof for filed a adultery case . but My friend and Female refuse for s*x during visit of my friend in her house 2 times. please advice..



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 13 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     14 March 2015

Sir,, You said unmarried women whose husband is abroad ... ? If she is not married then no adultery despite you friend be married .... But yes you fiends wife will have the ground to file divorce on the ground of adulterous relation of his husband .... Regards Kapil Chandna Adv 9899011450

saravanan s (legal advisor)     14 March 2015

yes adultery case u/s 497 can be filed but usually in adultery case only a girls paramour is punished

SAINATH DEVALLA (LEGAL CONSULTANT)     14 March 2015

With authentic proofs she can file for divorce


(Guest)

sorry. She is married not unmarried. Her husband having following proofs :-

1. cctv footage of admission of wife male friend.wife was alone that time.

2 sms content details with love text

3.written ;letter of wife. that she called up someone in her house.

wife and her male friend refused for any  physical relations.

In this situation any case can file by her husband ??

SAINATH DEVALLA (LEGAL CONSULTANT)     15 March 2015

By all means he can file case u/s 497 ipc

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 March 2015

If a married man had relationship with an unmarried woman it will not come under IPC-497 for adultery. It can be called reverse adultery. But there is no section under IPC for reverse adultery. No one should venture to answer the above query until the confusing and conflicting statements are cleared. Or is your friend a woman and a lesbian? If so it may be adultery in both directions. But again IPC does not cover such situations.

(Guest)

thanks to all

what pre cautions / action should take by male friend before a case registered against him

SAINATH DEVALLA (LEGAL CONSULTANT)     16 March 2015

One more confusing aspect in this query is that he has stated married friend having affair with an unmarried woman whose husband is staying abroad, and the husband has proofs of the relationship .Dear Ankur, better answer DR.RAMANI

T. Kalaiselvan, Advocate (Advocate)     17 March 2015

This is purely an imaginary, academic and hypothetical query raised by querist to update his academic knowledge.  His statement in all the posts contradict to each other thereby rendering the query as unfit for any reply.  If at all he has any real problem, let him/her come out with it so that proper advise can be given to it.

SAINATH DEVALLA (LEGAL CONSULTANT)     17 March 2015

Better stop replying wasting time for such queries


(Guest)

I am facing a similar situation. The lady is threatening me that her husband will file a case of Sec. 497.

The only proof she has is the whatsapp messages. Is it enough to prove adultery. How do I defend this case? Need Help from you legal gurus.

SAINATH DEVALLA (LEGAL CONSULTANT)     15 October 2015

Mr.Pankaj this querist has deleted his account hence post UR problem in a new thread.

saravanan s (legal advisor)     16 October 2015

it depends on what sort of messages you sent.anyhow its difficult to prosecute a person on the charges of adultery just with the proof in hand.


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