(Guest)

Section 497

I need a legal avice from you.

I got in to an extramartial affair with a lady (common friend's wife).We were initially chatting in Whatsapp and later we met at her place. But this lasted only for 4-5 months. We never met outside except once in a nearby restaurant during the day time. Last month I confessed it to my wife and my in-laws including my family members. Since then the lady has been harrassing us making continuous calls and messages. She even went to my in-laws and told very nasty things about me. Now she is telling me her husband will file Sec. 497 adultery case against me. She is threatening me that she will produce the whatsapp chat history or do something to herself.

What precautionary measure should I take now? More than the case I am worried about my wife and daughter who are in to a trauma of getting calls and messages from the lady.

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7 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 15 October 2015

Please make a general diary GDE in police station.

497 IPC is non-cognizable, bailable and compoundable offence so no harassment from police. It is very hard to prove even if she produces such Whatsapp messages in the court.

Friends,

Please stay away from married women and divorced women.

Divorced women may have lot of disputes.

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Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 15 October 2015

https://www.ibtimes.co.in/unintentional-one-night-stands-are-not-adultery-gujarat-hc-649554

Q Slinger (NA) 15 October 2015

Does she have evidences that you had s*x with her?

Right as now, all you can do is deny all allegations. If you are getting calls, then ask your wife and ur daughter to file a police complaint against her for harrassment

If you are sure that she cannot prove the s*x part in court, I would suggest that you start with IPC 499 right away. This would probably deter her from filing a case on you. If she does proceed to fila case, you can always claim that it is a counter case.

Remember,.judges are in women favour, so I would suggest that you relook at your evidence, whatsapp, emails, SMS, phone calls etc to ensure that she is unable to prove adultry.

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(Guest)

Thank you experts.

She has only the whatsapp chats as her evidence. And, I am sure it has no s**ually explicit discussions. We neither went out to any place nor have any pictures together. More surprisingly her husband is silent, not even responding to my calls and messages. He basically wants to get rid of this lady as she has some physical diabilities.

But this lady is extremely torturing our whole family. We are silent just because of the self-respect. But, seems we need to act against her hysterical behaviour.

But, I really appreciate all of your view points.

Thanks

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 15 October 2015

Sir,

If you beleive she has no proofs of s*xual intercourse or you guys never went to that extent, then better is to file defamation case against her for putting false allegations against you for something which you never did.

Warm Regards

Kapil Chandna Advocate

9899011450

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(Guest)

Thank you Kapil for your advice.

What kind of evidence are accepted as substantial proof for adultery? The only mistake I did was never kept her whatsapp msgs. But I have saved some of the text messages where she spelled out her feelings for her husband and me.

According to this section she wont be punished but on what ground can I defend? Sorry if I am asking too many questions.