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Vikas Gupta (Student)     07 November 2012

Extra marital relationship

My Friend and her wife have got married 16 years ago and they have 3 Daughters and 1 Son . They lived together happily. But my friend suspects his wife having  affair with an unknown guy . As seen in many of the episodes of Crime Patrol he is affraid of an future happening uncertain events which could leave him in problem. He have seen sms in her wifes cellphone which can be satisfactoriy said that she is into a kind of relation with dat person. He has his number but dont know how to deal with it . If any one can suggest 

1) How can he find the details of that number?

2 ) is there any charges which is available to the husband?

3) Any other suggestion is welcome 

Please do reply



Learning

 8 Replies

Ranee....... (NA)     07 November 2012

 

through court's order only to MSP as it is her personal matter.If there is nothing lik ethat then it is cruelty on wife.

Better to win her with love as if she is inclined to an another person after 4 children then there must be some physical/emotional gap between the spouses.

 


 

Tajobsindia (Senior Partner )     08 November 2012

1. If brief says husband had access to her handset then suggested taking the handset for cloning SIM card. Hence, any calls / SMS they (his wife and that third person) now exchange he will get to know contents of same on fresh handset where he inserts the cloned SIM card. For the same ask him to invest in an Android handset without beep to record their calls. When enough ‘evidence of extra marital affairs and inclinations of adultery surfaces’  collected, he can approach Magistrate Court to rope in that third person and file adultery charges against his wife as respondent one and two respectively via filing a Complaint case.

Wife eventually will go scout free (no punishment) that is peculiarity of such Penal provisions in Law but that third person will be behind bars and both your friend and his wife will get divorce decree in hand, I suppose this is what for friends are for to ask us such legal queries (never mind) !

Having given you glimpsed of masterstroke forensics (cheating spouse) in action I will not give remedy for your que. no. 1 but have answered in brief your other two questions as above large para.

Re-read above reply no. of times and ask your friend to visit any local grey market for change over Crime Petrol sitcoms he will surely set motion for divorce on adultery grounds by cloning SIM card and thus annexing saved tel. calls transcriptts affidavit and SMS messages transcriptts following above methods which are admissible in Court under Evidence Act if his handset r/w SD card is not tampered with.  

BTW, ask him to save enough for the children as he cannot shed responsibilities over them once divorce on adultery happens but sure wife who is adulterous will not get single penny form him via any Court which is settled Law as of date.


He need not have to follow his wife every day from 5 - 8 to collect adultery evidences !

SOUMITRA SEN (SR MANAGER)     08 November 2012

the requirement/evidences to prove adultery charges are very strict and are in favour of the Women.It is available u/s.497 of IPC.If your friend can win over his wife then you can file charge against her paramour but his Own adultress Wife is safe and Secure though being an abettor as per Sec.497 of IPC.Else ask him to fit a Camera to record things,if things are happening at his own home.very difficlult but for that purpose your friend will have to lure that Guy to his own home may be pretending that he is out of station.

Vikas Gupta (Student)     08 November 2012

Thanks everyone for their suggestion.. Ill do take care and make sure that ur precious suggestion is presented to my friend. 

rajiv_lodha (zz)     08 November 2012

Though its new to me & seems inappropriate too, but want to know about TAJOB'S solution--  HOW SIM IS CLONED, DO ROADSIDE MOBILE REPAIR SHOPS DO SO? WHEN U HAVE THIS CLONED SIM, WILL U RECEIVE ALL CALLS + SMSs AS THE ORIGINAL SIM RECEIVES DAY IN & DAY OUT?

Ranee....... (NA)     08 November 2012

Is SIM cloning legal...won't it backfire ?

Rahul Kapoor (Legal Enthusiast)     08 November 2012

hello vikas,

do u or your friend  have any contacts in police ? if no then make one.

 put that no on survillence. you will get to know each and every detail of that number.

 

regards-

rahul.gogreen@gmail.com

G. ARAVINTHAN (Legal Consultant / Solicitor)     09 November 2012

better ask him to forget about that number and show love on his wife and children. that will do the rest


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