Adultry

Society has to follow the agreement between you and society.

If the relation is still continued then she can file case on adultry gorunds seeking divorce.

the relationship is not continuing at all. I have already filed a case in family court against my wife for divorce on grounds of cruelty. My query is that is one written confessional statement from the lady in question good enough proof to prove the charge of adultry? More so she can only file for a divorce on the gorund which I have already done.. what is the locus standi of the charge of adultry on its own merit? 

@ Ram Kulkarni i thing you posted your reply on the wrong topic.

Dear Mr.Devdutt, 

Such evidences may be enough to put the ball in your court to prove negatively that you had no adulterous relationship with that lady after your marriage. The lady should at once write to the concerned authorities disowning that admission as being vitiated by fraud/force- because if it stands this extra-judicial admission - can hurt you real bad in divorce/498a proceedings. 

under IPC adultary offence

if any person keep relation with another married women then her married womens huband can file complaint , then if mr. patankar keep relation with married women then it will be crime

another my opinion is abt statement of that lady is not enough prove otherwise she has any strong proof

also i agree wid adv. Bharat.

Thanks for your replies what I understand is that if the lady in question should write to the concerned authorities - which are thse authorities ? 

secondly only her husband can file a case for adultry against me and not my wife. 

the onus of proof will lie with the party who files that case. There is no other strong evidence like photos etc except for the chat messages and the letter. is that enough to make the charge hold?  

are these evidences enough to file 498? 

Mr. Devdutt,

That confessional statement is nothing but a simple piece of paper, till that lady comes in the witness box and admits about that confessional statement (either in civil or criminal case like S. 498-A).  You are right in saying that only her husband has got right to file adultery case (criminal case) against you and your wife does not have such right.  Your wife can file divorce case on her own ground, i.e., adultery against you while denying the allegations levelled by you in your divorce petition.  Then the burden lies on her to prove adultery allegation against you.  In this case, she has to make that lady as respondent.  As a respondent she comes into the court and admits her confession, then your wife will get away with divorce decree.  In respect of Section 498-A, mere adultery allegation cannot attract this criminal provision.  But if your wife puts the allegation - the allegation of cruelty (metnal and/or physical crelty) out of your extramarital affair, may raise the cause of action under Section 498-A.  Here the predominant character must be cruelty and not extra marital affair to bring the charge home.