• Extra marital affair

I have found evidence of Adultery on part of my wife on her phone chat ( whatsapp and imo) .We were merried one month ago. Now to keep intact that evidence should i snatch her phone her phone as soon as possible What else can i do right now? Even she does not know that i have known about her adultery ?
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

1) wife affair before marriage is immaterial

2) if she had an extramarital affair after marriage you can file for divorce on grounds of mental cruelty and adultery on expiry of one year of marriage

3) engage a detective agency and gather evidence of her adultery after marriage

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

1) mere phone conversations is not sufficient to prove adultery

2) if wife has checked into hotel with her lover and they stayed in same room it would be evidence of adultery

3) if you have any photos in compromising position it would help in making out case for divorce

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

1. Try to send the chats to the e-mail registered with the number and then transfer the same to your e-mail.

2. Or snatch the same and send the cloud store where you may have access.

3. Try not let he know about your knowledge so you can continue to have the evidences till you reach to the stage of foolproof evidence.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hello,

It may seem a little bizarre but it’s true that women in India can’t be prosecuted for an offence of adultery, and neither adultery is a ground for divorce. However, what constitute as a ground for divorce is Cruelity, it will be good if you get those evidence in your hand and then file a case in the appropriate court.

On a careful reading of the relevant section with regards to adultery it is seen that Section 497 of the Indian Penal Code perceives a “consensual” sexual intercourse between a man, married or unmarried, and a married woman without the consent or connivance of her husband as an offence of “adultery”. Which also means that the offence of adultery is committed only by a man who has sexual intercourse with the wife of another man, without his consent or connivance, and that the wife is not punishable for being an “adulteress”, or even as an abettor of the offence for which the man can be sent to jail for 5 years.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Yes, immediately file a complaint against that person with whom she has illegal physical relationship for the offence of adultery under section 497 of IPC.

Based on that evidence you may file a divorce case on the ground of cruelty and adultery under section 13(1)(I) & (ia) of Hindu marriage act.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. Do not act in a hurry and let her know that you have come to know about her adulterous activities.

2. Adultery is difficult to prove for which you shall have to collect irrefutable evidence of her said act.

3. If you produced half backed evidence before the Court, you shall not be able to get the desired result and on the other hand she will get the chance to retaliate by filing numbers of cases against you like 498A complaint, DV case, maintenance/compensation etc.

4. Do not snatch her phone at all. Rather try to collect/extract data from her phone if possible through blue tooth.

5. After that allow her to proceed further in her said illegal activities which you can get recorded easily and collect irrefutable evidence to prove her illegal act before the Court.

6. Once evidence of her said act is collected, you can file an annulment petition on the ground that her said physical relationship with her paramour was not informed to you while taking your consent for the said marriage.

7. If the marriage completes one year before your acn collect evidence of her having physical relationship outside her wedlock, you can file a divorce suit also against her.

8. Please note that you shall have to prove her having physical relationship out of her wedlock to get divorce or annulment of marriage decree.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Unless she admits in her said call record that she has physical relationship with a third party out of her wedlock, it will of no use.

2. Once she comes to know that you have started doubting her, it will be very difficult for you to collect any further evidence of her said adulterous activities.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Watsapp conversation alone cannot get you divorce, albeit it can be led in evidence to corroborate other evidence.

2. We cannot advise you to snatch the phone of your wife, but you can file a police complaint to the jurisdictional police station against her paramour. Police can confiscate the phone during investigation and then it can be led in evidence in divorce petition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can gather evidence of her adultery and find out the person who is involved in such act with your wife.

If you would like to take legal action against her paramour, you may lodge a criminal complaint with the police under the provisions of law of adultery under section 497 IPC.

But you should be aware that by this act your wife would be dragged in the police station to get her statement which would be more embarrassing.

Decide

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Will this evidence (her phone) make my case strong and easy for divorce?

You cannot file divorce case within one year from the date of marriage.

The evidences in your possession may not prove your case hence you should collect and secure substantial evidence of her extra marital affairs or act of adultery.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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