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(Guest)

Need advice

What can a wife do if husband is in touch with some females post marriage through chat or calls and wife has suspicion that husband had relations to them before marriage and continuing them? Can she go to police, CAW and get punished the husband?



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 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 April 2015

Proof of adultery of either spouse  must be “clear and positive and the infidelity must be established by a clear preponderance of the evidence.”  evidence is most important to punish culprits.

Adv. Chandrasekhar (Advocate)     25 April 2015

If his continuous flirtation outside the matrimonial relationship, undoubtedly, amounts to "mental cruelty" as defined in domestic violence Act.  If she is in a position to prove physical relationship with other woma(e)n, then she can get divorce or judicial separation or divorce.  If she can prove only flirtation by way of SMS or web chat etc. she is entitled for compensation, if she files domestic violence case.


(Guest)

Can she get her husband or other woman jailed if she is able to prove physical relation post marriage?

What can she do if she is able to prove that there has been calls or sms or chat in adultorous nature between those people?

Are call history /chat history/audio recording admissible in court?

Adv. Chandrasekhar (Advocate)     25 April 2015

If X and Y are wife and husband, Y has extra-marital relationship with a woman 'B', X cannot file a criminal case against either Y and / or B.  But, if B is also married a man 'A', A can file criminal case against Y and if he proves the adultery, he can get Y arrested but not his wife B.  If X can prove adultery (real physical extramarital relationship) she can get divorce.  If she does not want divorce, but only compensation for this adultery, then she can file domestic  violence case.


(Guest)

 What happens if husband does not want to reconcile and CAW put adverse reports against husband? What actions a police/CAW recommend to wife to be put on husband?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 April 2015

Previous answers contain answer to the latest question of anonymous also.

Arun Kumar Sngh (Sr. RTI Consultant )     29 April 2015

Can any learned member shall arrange to send me a Draft Election petition to be filed with District Judge for adopting corrupt practices as per section 123 of RP Act 1951 in Municipal election.


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