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Gopi (Offcier)     13 March 2013

Cheating wife

Dear Sir,

I am defence offr. My wife works with tataindicom and is having s*xual affair with a younger and married collegue for past 2 yrs.. By chance i stumbled upon the affair. I have taped the confesion statement made by my wife to me , to her parents, and my elder son.  My elder son(Major) though not seen the act can testify the confession made by his mother

 

We have recently filed for divorce by mutual consenet with final date on 30 Aug 13. What can i do legally to my wife paramour who is going scot free. his wife had no option and accepted him.

I have written emails from the person telling my wife that they should run off etc. 

Pl advice. I am seething with rage on my wife paramour

 

Thanks and regard



Learning

 12 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 March 2013

Wait till the date is given on MCD hearing date. If any ornaments, cash giving and taking from your wife. Settle the same before coming to the hearing in the court. Memorandum of understanding paper is required for the same and obtain the signature from your wife and you. The same can be produced in the court of law and settle the MCD. Pronounce will be on the same day by the judege in the court.

Gopi (Offcier)     13 March 2013

Thank you sir. Can't i do anything against my wife's paramour who has wrecked a family?


(Guest)

Sir.

      I am not a legal man...I just want to give you a suggestion...I can understand why you want revenge but it`s not worth washing your dirty linen in public...Its very hurtful but please try to move on

ragz hyder (PM)     13 March 2013

You cannot file bigamy against wife but wife can against you. Idea being indian woman is Sati savitri.....LOL

If you are planning anything only thing you can do is against the paramour as you suggest. HE can be held culpable for Bigamy

Your wife cheated on you. I think that should cause you more hurt than him. Taali ek haath se nahi bajthi. ..sad thing is you cant do anything against her. 


(Guest)
Originally posted by : Gopi

Thank you sir. Can't i do anything against my wife's paramour who has wrecked a family?

If I were to ask myself how to go about it                       when I myself was in a situation like yours, I would have suggested a gun and a                      bullet, and would have ended up in                    prison for a good 7 years.


I couldnt do anything to a cheating wife, nor can you do anything except getting divorce ASAP.

 

stanley (Freedom)     13 March 2013

@ author 

you can file sec 497 ipc against your wifes parmour 

 

Central Government Act
Section 497 in The Indian Penal Code, 1860
497. Adultery.-- 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 descripttion 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.
But court cases take years and you would have to waste your time and your money and the same has to be proved in the court of law .
 

Gopi (Offcier)     13 March 2013

Thanks pal. My envirrnment including my children are preventing it. Good suggestion

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     13 March 2013

 

Adultery law should include women: HC Mumbai

Adultery law needs to be upheld, but should include women: HC

 

Mumbai, July 12, 2011

While observing that it was time to revisit the penal provision that provided immunity to adulterous women, the Bombay high court on Monday upheld the constitutional validity of Section 497 of the Indian Penal Code. "The offence of adultery is punishable under Section 497. It is not against the husband, though he is entitled to lodge a complaint, it is against the institution of marriage and the matrimonial home," a division bench of justice BH Marlapalle and justice UD Salvi observed, while dismissing a petition challenging the constitutional validity of the penal provision.

 

A Worli resident, facing prosecution for adultery, had filed a petition contending that Section 497 was outdated in view of the changed social scenario and particularly after the Constitution of India guaranteed a right to life and a right to privacy.

 

His counsel Niteen Pradhan submitted that the Parliament had recognised "live-in relationships" as a domestic relationship through the Protection of Women from Domestic Violence Act, 2005. And since there was no pre-condition for having a live-in relationship, an extramarital relationship between two married persons couldn't be treated as an offence.

 

He had sought striking down of Section 497 arguing that it took away the right to have free s*x between two consenting partners, which, according to him, was against the fundamental right to life. The judges discarded his contentions.

 

The court, however, found some substance in the argument of Mihir Desai, who represented an NGO supporting the petitioner, on the need to revisit the law. But they left it to the discretion of the legislature to consider an amendment in the penal provision and bring adulterous women under its ambit.

 

Presently, only men indulging in adulterous relationship with married women are covered under section 497, but women are treated as victims and are granted immunity from prosecution.

 

The court, however, rejected Desai's contentions that adultery was no longer a criminal offence in many western countries. "Merely because adultery is not an offence in many countries and there is variance in quantum of sentence, Section 497 cannot be held as ultra vires to constitutional provisions.

 

 

T IS IMPORTANT BECOZ TILL TODAY WOMEN CAN'T BE PUNISHED FOR ADULTERY. BUT NOW AFTER THIS JUDGMENT WOMEN CAN BE PUNISHED AS PER THE PROVISIONS OF IPC 497. Becoz I think adultery is combine offense. It can not be completed without the other partner so both the persons must be held guilty.

My view- not sooo easy...?

Harsh (Manager)     13 March 2013

@author

with all due respect and sympathies, let me beg your pardon here...it is your wife

who wrecked her own house not that guy, her bf is an accomplice sure. it is unlikely that

that guy brainwashed your wife into having s*x with him.

apna hi sikka khota ho tho doosro ko dosh dena ......baake aap jaano aur aapki bandook...you are in defence.

keep revenge as second priority, focus on what YOU  want from your PERSONAL LIFE first.

badla lene keliye saari zindagi padi hai, pehele apni life ko track pe laao.

1 Like

Advocate Ravinder (Advocate/Attorney)     14 March 2013

Under Section 497 of IPC you can file a criminal case against the paramour, but you cannot file case against your wife.  But adultery is a ground to take divorce where there is no consent of wife and husband.  Since already Consent divorce proceedings are going on, there is no question of taking ground of divorce. 

Gopi (Offcier)     15 March 2013

Thanks to every one for their suggestions

Advocate Ravinder (Advocate/Attorney)     24 March 2013

ok, I hope you have been clarified

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