Sir/Madam: I am basically from WB, residing in TN for job. Married in Feb.2013. Have a 2 years baby son. I'hv parents in WB. 2 siaters, married. My wife having an elder sister & an elder brother (X) (twins). Both not married. Recently X has come my company allotted quarters for his treatment at vellore. He stayed, may be for 15 days. I go to office at 8, come back at 12 again go to office at 1 and come back at 4:30. Last day I put my voice recording device on and recorded from 8 to 12 (more than 4 hours), since I doubted about their sexual relationship long back and that day was his retuning day to WB. As I expected, from 17th min to 28th min, there was unfair sounds & speech of my wife and satisfaction sound of her brother. I have already examined the recording for originality certification from forensic science lab ( they certified). But, there was a huge chaos, since I 1st of all asked my wife silently that what & how is the relation between you & your brother, I have a recording etc. She denied everything. Then after few days I lost control as a husband and beaten her. She then talked to her family, they came and I shown few mins of recording. That moment her brother cried and became sick. Then my mom told me to beg excuse and I eventuality begged. My parents scared of their suicide if anyone or both commit, being shameful on thier act and we will be caught hold since they are very rich. But my wife and her brother have erased all the WhatsApp and Facebook conversations as I might got as proof. At this moment I am neither able to love my wife nor able to get separated. Her brother is very soft kind looking, black face behind a white mask. I'm also fearing for their suicide because of shame (own brother sister relation), If I establish that I am true. Is my recording enough proof for divorce? What to do? I am becoming mentally sick day by day. They all (their parents, elder sister) have forced me to beg excuse and forget all. And pushed me & my family a thought that I'hv a dirty mind, I'm a dirty fellow. Please suggest someone/somebody. One more question, can I lodge a police complaint in our local police station such as the complaint no. can be used in future and NOT at this moment? The complaint will be silent, is there any legal clause/rule existing? Please suggest. Thanks a lot.
Yes, based on the recording you can get divorce on the ground of extra-marital relationship.
What complaint you wish to file in the local police? You want to file a complaint in matter of adulterous relationship between your brother-in-law and your wife? or you want to inform the police regarding their suicidal tendencies?
1)audio recordings are not sufficient to prove adultery
2) contact a detective agency and gather evidence of her adultery
3) you can file police complaint under section 497 IPC against her brother for adultery
4) law regards lady as victim and no adultery case can be filed against wife
5) you can file for divorce on grounds of mental cruelty and adultery
6) make her brother co respondent in divorce case
7) it is difficult to prove adultery
1. If there is basis behind your claim then this marriage cna surive unless she changes her tract.
2.talk to your wife in private and seek her opinion as in this way the marriage cannot be worked out.
3.If she does not repent or ready to change then propose to have mutual divorce.
4. Making policer complaint will not serve any purpose unless they assault you or threat with harm.
5.if your wife doesn't agree for mutual divorce then file a contested divorce on this ground.
6. Stay separate from her.
Feel free to conatct for further advice.
Sir , you can lodge a complaint of adultery against your brother in law .. It is a criminal offence .. You should also apply for divorce on the grounds o adultery .. The recordings are a strong proof..you can use it against your wife in court of law
Sirs, thanks for replies. 1) I do not want to do anything against my B-I-L but I surely want divorce coz my wife couldn't control herself. Everything happened with my wife's concern whom I loved for four yrs. I find my wife fully responsible for this. 2) Police complaint I want for safeguarding at this moment, is it possible secretly? Such as file will not be opened and no intimation will go to them. After collecting more evidence I will use the compln no. & open in suitable time. If yes under which law (clause no.?) and also for collecting more evidence like WhatsApp, Facebook deleted messages retrieval thru police 3) Sir, no question of mutual understandings, her father directly told me that he will not believe any evidence, I am a dirty fellow. She also told that she will not listen anything on this topic 4) When they came here, I already told, they listened 1st four mins, and then her B started crying & her mother lied down on bed just after listening two uff sounds. So strongly guess that her mother understood all and not revealed anything to her dad and supporting their son & daughter. 5) Sirs, my wish is to be seperated, without any alimony and to get my son with me, this is the nutsell. Is there any way? I have already received forensic report from SIFS Delhi. Will that be sufficient to proof the said dirty relation? The report says about positive intimacy. Please reply for point 2 positively. Thanks.
Sir, then file divorce on contested grounds..the recordings are a strong piece of evidence..police will not entertain her complaint as it is only a reverse allegations..
Since no case of adultery u/s 497 IPC lies unless actual act of intercoursis s proved the criminal action would be futile.Moreover criminal case of such nature would not lie against the wife also.
I would suggest you to file contested divorce suit only.
It is necessary to peruse SIFS report to advice
2) for obtaining gdivorce you have to prove allegations made in divorce petition
3) you can file NC with local police station that your wife is having an extra marital affair with her brother
4) if you are able to prove adultery charges your wife will not be awarded any alimony or maintenance
5) since your son is only 2 years old you would not get custody of your son
Your allegations are very serious and would cause serious problems in the house.
Hence it is a tough situation to prove this.
If you are not able to prove yor alegations then your complaint may backfire.
The audio recordings cannot be relied as an evidence
Since he issue involves sentimental issues as well, you have to carefully handle the issue.
Instead you can either ask for to give consent for mutual consent divorce or file a contested divorce case ion the grounds of cruelty.
No complaint with the police is also maintainable without any evidence to prove your allegations.
You can better talk to your wife and dissolve the marriage by a decree of divorce from a court of law on the grounds of mutual consent and if she refuses then file a contested divorce on the grounds of mental cruelty citing some other reason