• Steps u can take if u r apprehending 498 a is going to be slapped

We are married for more than 10 years and have two children. My wife is having affair and now when being confronted she along with my in laws are threatening police/court case. I don't have any proof except her call records. what best option do I have now? 

1. To file a divorce case and ask the court for police investigation? because a person can't collect evidence in his personal capacity? 
2. To file a police complaint and notice to court informing them that I am anticipating a false complaint and then confront her.
3. Confront her and wait for her to go to police.
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1) contact a detective agency gather evidence of wife adultery

2) then file case against her lover under sectiuon 497 of IPC

3) file for divorce on grounds of adultery and mentla cruelty

4) make her lover co respondent in said case

5) dont file for divorce without gathering evidence of wife adultery

6) you can also file NC that wife has theatened to file false case against you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. You have acted prematurely. You should have waited for some more time and collected irrefutable evidence of her running extramarital affair. Here you could have collected audio/video recording of her having physical relationship with the other person. Mere talking to the man does not prove extramarital relationship at all. No Court will direct police to investigate in to the sensitive matter simply based on your apprehension only.

2. You can lodge a police complaint stating that she has threatened you to lodge false police complaint u/s498A of IPC.

3. There is no point in confronting her without evidence and aggravate the tension. It will be prudent on your part to kep in mind that divorce is the and most stressful event in one's life and you never know whether your next wife will be any better.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Try to sort this out amicably. This may be her one off slip of discretion and if she repents In divorce suit you may condone her and take her back.

2.If this does not work then immediately file divorce suit and take the plea of adultery. In divorce suit the police ahs no role to play.

3. on the basis of this scant information no criminal case u/s497 IPC can be filed seeking police investigation.

4. Do not wait for her to take the first step.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Filing of divorce suit to me is the only plausible option for you.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) adultery can be proved by circumstantial evidence

2) you need evidence of your wife affair before you file any petition for divorce on grounds of adultery

3) hence we suggested contacting a detective agency

4) you cannot file divorce case and ask for police inevstigations

5) you cna file for divorce on grounds of mental cruelty

6) but you have to prove allegations made in divorce petition

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. It is not a fact that people necessarily seek legal advise after failing to solve their problems amicably. There are plenty of cases where legal actions are proposed or thought to be taken are based on impulsive domestic rage or apprehensions.

2. Our judicial system is under compulsion to adjudicate based on evidence only and not on apprehensive complaints.

3. It is a pre-conceived notion that for collecting evidence of wife's adultery, her husband shall have to engage a detective and bleed economically. Few months back one of my client in similar case had installed a spy video recorder in his wall clock and has recorded 50 hours of evidence of his wife's adulterous acts based on which he has now filed divorce suit. The spy recorder costed him just Rs.3 K. Only talking to some one for a long time does not indicate adultery.

4. Without having any evidence and based on just apprehension, no criminal complaint can be lodged.

5. It is to be kept in mind that lodging/filing false complaint/case without having any evidence whatsoever is punishable u/s211 of IPC.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You have stated "I don't have any proof except her call record".. what best option do".

2. Your wife has refuted your said allegation.

3. You have no legal option up till now unless you gather some evidence acceptable by law to prove that your wife is running an extramarital affair out of her wedlock or running an adulterous relationship out of her wedlock.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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