Experts of law and Nice people, 1. Wife has an affair with business partner(2014-2015). The car garage of house(wife's) itself was office and They would meet at his home travel out of town. They have recordered their sexual activity in Bangalore, Chennai and Delhi. 2. They copied the same into their laptops. Upon request that the laptops had some issue i found out the photos and vdos. 3. we started living separately after this DDay (27/02/2016). we have a daughter, aged 8.5 years. 4. when confronted her with the details of her affair, she left the matrimonial house and moved to her parents house., she left the child behind. 5. daughter is cared by me, all these days. on 10/02/17, wife took away the child from school. upon school asking her to return the child (as by now school knew about the separation) she asked me to come and take daughter from her parents home. upon reaching their place, she created a big scene. daughter said she wanted to come with me and we left @1930 hrs 6. at 2330 hrs, they go to the police station and file a complaint against me and my father., I was summoned to the PS. IO dealt with the matter and came to the conclusion that daughter was not kidnapped and she had left with the father willingly so no case was done on kidnap. 7. Her uncle who is a lawyer, force the police to file the FIR under sections 498A/323/506. they provided MLC(false as no physical altercation happened) as needed. 8. not he charge sheet was filed on aug 2017., online status shows SUMMONS. so far we have not received any. March 2017, she has had file a MC with IA for Custody and IA for maintenance. she has not yet made evidence in the MC case too. my objections for the MC has been the adultery and cruelty to me. Daughter is currently in my custody. what are legal opinion about the case. 498A/323/506 and as proof of adultery is evident (photos and VDOS) what are the chances that i have in terms of having the divorce based on adultery and custody of my daughter. how could i avoid maintenance / alimony further if i were to file a case under sec 497, can she be procecuted Thanks in advance for your advice.
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1) wife is regarded as victim and cannot be prosecuted for adultery under section 497 of IPC
2)wait for police investigations to be completed in dowry harassment case and charge sheet filed
3) then based on legal advice file for quashing in HC or discharge before trial court
4)_you should get divorce on grounds of adultery and mental cruelty
5)seek custody of your daughter . welfare of child is paramount consideration
Challenge the criminal case by engaging a competent criminal law practitioner. It will not stand in the court of law taking many 498a as precedents.
Circumstance can establish that she was living in adultery and it will also be in your favour.
If adultery is established, alimony will not be granted.
If child is inclined to be with you, then court may grant joint custody or visitation rights.
Engage a competent lawyer in bangalore.
1. File a discharge application/ or appear before the court and obtain AB
2. Photos and Videos are enough to show extra martial affair and not adultery, infact a women can not commit adultery in India. Though you can file a complaint of adultery against the person with whom your wife was sharing a relationship.
3. These evidences are enough to support your case of divorce, make the other person also a party to the divorce suit.
Welfare of the child is of paramount importance while deciding the custody of the child.
As told earlier she can not be prosecuted under 497
you simply file a petition for the divorce under section 13(1)(i) for the Judicial separation and divorce. The maintenance and custody suits as asked could be challenged on the ground of income and the charector of the wife.
Since she left the house from Feb 27, 16, the petitions under sections 498A/323/506 are contestable.
1. If FIR has been filed under 498A then apply for and obtain anticipatory bail to preempt your arrest and detention and thereafter you may either file a petition for quashing of FIR in the High Court or contest the case on merits in the trial court.
2. Photos and vids can be led in evidence in the court and can be relied upon by the court if the same is found to be not untampered.
3. Under the present law only the paramour of wife alone can be prosecuted for the offence under 497 IPC.
Dear Client,
Adultery is the best ground for divorce, avoidance of maintenance and child custody. tell her straight to agree settlement of all cases with ur accord, otherwise will bring all clips and pics in court record and also in family.
Just keep those clips and photos intact with multiple copies in different devices and also bring on court record.
File complain against her boss for adultery,
This shall force him to convince her to amicably settle her cases to withdraw case u/s 497.
1) for 498A/323/506 a details proof and evidence should be provided from your side to protect it and all charges led against you are false. Need more legal prosecutions in detail.
2) As you have evidence/proofs against your wife as she is adultery and created a crime that need to be proved in the court of law than only you will be not entitled to pay alimony.
3) Regarding custody of girl child a cross questions will arise more in the court against you that how you will take care of her as a mother is the best care taker naturally still you to insist that you and your family member means your mother .i.e. her grandmother will be able to take care her.
4) your daughter should insist in the court that she has to stay with you only and not wirh her mother.
Dear Sir,
Please read Section 497 of IPC:
Section 497 in The Indian Penal Code
497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
1. It rightly fits into yuour case,
2. You are advised to challenge the all the pending cases in HC and get stay. You will succeed. Since adultery will be established so question of maintenance and custody of child. Rest assured.
See you have sufficient evidences to prove your allegation of adulteration by that she is not entitled to get any kind of alimony and maintenance.
No she cannot be prosecuted under section 497 IPC.
you have good chance of winning your divorce case based on adultery and cruelty. for 498A file for anticipatory bail. you can get custody since the character of your wife is bad.
Respected sir ...
Unless and until she get divorce from you she is your legally wedded wife and if she phy intimate with someone other during she is comiiting a crime and in all this her partner is also liable for punishment because he knows that she is your wife ..Sir lodge an FIR against both of them after consulting to a lawyer or us on phone call .Fir will be registered along with Prof of her Adultery which are photo and videos which you have ...Just hire a good lawyer or make a phone call to us as we can help you as much as possible ..
Thank you
1. Do not depend upon the online status. Hire a lawyer and check the current status with pending branch of ACMM court.
2. The legal opinion on the case can only be given after going through charge sheet.
3. If 'Adultery' of your wife proved in court then you are not bound to pay alimony / maintenance. The digital evidence that you have is admissible by court of law.
4. 'Adultery' is one of the ground that you can file divorce.
5. If you apply for custody of your daughter then at least you can get visitation rights. But it is too early to say the decision of the court on custodial rights.
6. Your wife can not be prosecuted u/s 497 of IPC.
7. You can file a criminal case against your wife for cheating / criminal breach of trust / defamation. You can add the photos / videos as evidences with your petition.
8. In case, police refuse to file a FIR on your complaint then approach me back. I will get the FIR done against her.
1. First of all you shall have to avail anticipatory bail against the FIR registered against you u/s498A, if you have not yet availed the same.
2. Thereafter contest the said 498A case fittingly.
3. You should also lodge a police complaint against her paramour bringing the charge of adultery against him and if police fails to take any action against him, file a Writ Petition against police inaction praying for a direction upon police to register FIR, investigate and act based on your said complaint with evidence. since you have irrefutable evidence, her paramour is sure to be punished with jail term.
4. It will be easy for you to contest the 498A case alleging that the said complaint is as per her retaliatory measure after you have caught her with evidence while committing adultery.
5. Based on the above and also based on your irrefutable evidence of his committing adultery with your wife, you are expected to get her maintenance and child custody petition dismissed since adulterous wife is not entitled to maintenance from husband and also child custody.
6. Engage a local lawyer having expertise in this field.
You can lodge a criminal complaint against her paramour for the offences of adultery.
You can file divorce case against her on the grounds of adultery and mental cruelty.
You can challenge her maintenance and 498a case on the basis of her adulterous life.
You can refuse to give child Custody including visitation rights in the interest and paramount welfare of the child especially due to her undesirable extra marital affairs and acts of adultery and mental cruelty.
The evidence in your possession if properly presented before court you can succeed in your defence and endeavour.
She will not be prosecuted in the 497 case that you propose to fife, rather her business partner will be prosecuted.
Since you have sufficient evidence to demonstrate the she was in an adulterous relationship, you will be easily granted divorce on the ground of adultery.
Let the Police investigate the 498a case and depending on it's outcome, you may shape/design your legal strategy. Since this case is nothing but something that has been filed in revenge, the Police should mostly file a closure report in the FIR.
If she's professional qualified and capable to earn and was earning at any time in the past, you are not mandated under law to support her.
