My wife has physical relationship with another married person. When I asked her she wants divorce. But I have two children and we married since 12 years. What legal action should I take against that man to save my family. I want save my family for the sake of children.
1. you can file FIR agains that person for the offence of adultery punishable under section 497 IPC.
2. no need to make your wife as accused because adultery is punishable against the man only. woman cannot be prosecuted however sex was committed with her consent.
3. divorce may be granted on the ground of adultery but it is your prerogative and you can choose to live with your wife. wife cannot get divorce on the ground of her adultery.
A man who has sexual intercourse with a woman who is married to another man commits the offence of adultery, for which he is liable to be prosecuted in the criminal court. The maximum sentence is 7 years in case he is found guilty at the trial. So if you have evidence to prove your wife's affair with him then you may file a complaint case in the court against her paramour..
1.You can file case of adultery u/s 497 IPC against this man.However to succeed in this case you need to prove their sexual intercourse.
2.Even if you file such case or eventually succeed there is no guarantee that you would save the marriage.
3.To save the marriage you ned wife back in your life with all the past love and affection which seems to be weaned away.
Both my wife and the have admitted in front of me and over the phone that they have physical relationship. Is this can be taken as evidence to file a case against him. I have phone recording.
1) file case of adultery against your wife lover under section 497 of IPC
2)rely upon call recordings, emails wherein wife has admitted to her affair with another man
Engage a detective agency and gather evidence of wife extra marital affair
Audio recordings are admissible in evidence
This is not enough evidence unless they admit the said thing in court.
first of all try to save the marriage and if not possible then you may file divorce case based on cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955
phone recording are admissible in the eyes of law as an evidence as per section 65B of Indian evidence Act-1872.
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My wife has physical relationship with another married person. When I asked her she wants divorce. But I have two children and we married since 12 years. What legal action should I take against that man to save my family. I want save my family for the sake of children.
If you do not want to give her divorce and want to save the marriage at least for the sake of your children, you may lodge a criminal complaint against her paramour for the offences of adultery. But you should gather some evidence to prove his offence. You cannot initiate any criminal complaint against your wife for this act.
Both my wife and the have admitted in front of me and over the phone that they have physical relationship. Is this can be taken as evidence to file a case against him. I have phone recording.
The admission before you cannot be considered as an evidence to your complaint and also the phone recordings may not be considered as an evidence beyond certain stage.
You may have to look for corroborative evidences to prove this offence.