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rd   23 August 2016

Cheating in marriage

I am an married man, my wife is having affair with another guy , she wants to call off the  marriage marriage , i just want to take the money from her that we spend on her. My marriage duration is 5 months only and now she is leaving in another city with her parents and the third party is also staying nearby. What about adultery, should my family will get compensation.? Should i file for restitution of conjugal rights? I dont want to give her any alimony. Can i put some charge on my wife?third party?my in laws?

How i can let her go for cheating with me and my family?



Learning

 10 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 August 2016

Sir, 

 

Make sure you take the benefit of the situation and collect the required evidences which will help you to defend the false cases she will file, which will help you seek divorce from her on the ground of adultry, which will help you get the boy punsihed. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

saravanan s (legal advisor)     23 August 2016

as mr kapil had said gather evidences and file a contested divorce case on grounds of adultery and cruelty.this can be done only after a year is over from the time of marriage. if you can prove that your wife is committing adultery she wont be entitled for maintenance.as far as rcr is concerned there is no point in filing it as you dont want to live with your wife.

as of now if you want to punish her paramour you can file a case of adultery u/s 497 ipc.remember only your wifes paramour can be punished by filing this case. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 August 2016

You can prosecute her boy partner u/s 497 IPC (Adultery) by leading evidences.

If your marriage is under Hindu Marriage Act (HMA) then you can sue Alimony u/s 25 of HMA against her during the decree of divorce.

Never file RCR since output of it is BIG ZERO.

You also look for suitable life partner for live-in-relationship (Keep no proof of 2nd marriage) if you are interested.

 

Please check my profile links for lot of clues and sample petitions. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 August 2016

Never file Divorce or RCR.

Let her file it. 

rd   23 August 2016

What evidences i should have to prove adultery? Whatsapp messages, call details can be collected with the help of court? And my wife was engaged to dat boy twice before the marriage and she attempted suicide twice to call of engagement does dat help?She tried to commit suicide in my home also where a police complaint was file not FIR, she wrote is because of the boy she tried to commit suicide, and me and my family members are not responsible. Can i use all my receipts dat i spent on her on honeymoon, she left just day after our honeymoon.

saravanan s (legal advisor)     23 August 2016

wahtever happened before marriage wont be considered by the court.if you have enough proofs to show that she is living in adultery you can proceed.her statement would be of use to you.wifes confession about her adultery would help also

any proof that shows that they had stayed together all alone in some place like hotel

this must be supported by chats, call recordings which when read would create an impression in a ordinary mans mind that they both would be committing adultery.if you want to gather proofs you can also take help from detective services

rd   23 August 2016

She mailed abuse things to me my parents too. Her father and mother discuss the things on call we have recorded thier statement that girl is not listening to them and she is going with the boy. My wife also threatened to murder me taking the name of dat guy, but i dont have call recording of that.

I just wanted to know whatsapp is using end to end encryption, can i still get all the details using some ordinance by the court?

Using detective services against her is illegal under any section?

 

 

rd   23 August 2016

looteri dulhan and adultery by wife is the same thing which sections we can use 420?

whatnot   23 August 2016

Attempting to collect evidence illegally also constitute as a criminal activity and you will rapped for saem.

Call for panchayat. Let police also be present. Invovle CAW. document the same.

In court of law one has to prove other party was at fault.

It is difficult to prove adultery, but you can prove cruelty based on adultery.

 

Alternatively, get the guy behind the bar using 497 section. Once guy rats her out , you can have a easy life.

Her beau is the weak link. Break it. Your wish will be granted.

But may need to spend money.

rd   24 August 2016

Thank you sir

Can court help us to provide whatsapp details?

Any precaution i need to take?

 


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