• Complaint against husband and mistress for adultery

I am 36 years old woman. I have been married for 10 years and have a 4 years old daughter.

I have a full time job and after coming home I’m usually busy with taking care of my husband, child and home. 

Past few months my husband started behaving inconsistently like angry, confused, aloof, disturbed, indifferent. Some rare times understanding and loving. 

I stumbled upon his whatsapp conversations 2 months and saw that he has been chatting from morning to late night upto 2 am with a junior girl who works with him and he’s her reporting manager.

The conversations spoke about them meeting each other outside office and making plans for meeting on weekends when I’m away, planning trips, long drives. They even travel together to Europe for official purposes.

After trying to talk to my husband to stop all these since 2 months, I decided to call the girl. 

She said that she wants to get out of it but since she’s very junior and scared of her boss she didn’t step up against. 

She wanted to meet me and my husband together to clarify her part. She came to my house with another office colleague and assaulted me after heated arguments when I shared my plan to report the matter to the company HR manager. 

I have filed police complaint for assault. What are my next steps.
Asked 4 years ago in Family Law
Religion: Hindu

11 answers received in 1 day.

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11 Answers

1) complain to company about conduct of office colleague

2) enclose details about FIr filed by you against the girl

3) company would take disciplinary action against girl and ask her to resign or terminate her services

4) you can file for divorce on grounds of mental cruelty and adultery . Make the girl co Respondent in divorce case

5) you cannot file case of adultery against husband and girl under section 497 of IPC as law regards girl as victim

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

See first of all as you have filed case of assault first of fall you need to persue same.

Second adultery case under Indian law cannot be filed against them as in India adultery is only when a man has relationship with married women and also the women cannot be charged for adultery though it can be ground for divorce.

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.

Further since adultery case.cannot be filed against.them you can seek.dicorce on this ground from.you husband if you wish to do so.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you are on the right path you have to report to the HR of the company regarding this relationship and at the same time I'll FIR against the girl and your husband for adultery

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Madam

This is very pathetic situation. You have done right by filing police complaint. But we need to take other steps in police station and in court to ensure justice to your point. To understand the gravity we may need the evidences you have and how to handle this. We also need to give legal safeguard to you and your child.

Taking all circumstances we need to have a meeting to understand the situation and how to take this up.

Feel free for any assistance.

Regards

shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Honestly, your husband already humiliated you in the worst way possible. I dont blame you for feeling angry, its only normal. But your husband is the one to blame 100%. I can think of all the terrible names to call a woman who messes around with a married man, but it is your partners fault alone. Sure she got her little high feeling like she was better than you. If anything, you should feel sorry for her, she needed to sleep with a married man to feel “better” about herself. I would humiliate your husband with divorce papers.

On adultery base you should file for divorce case.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Madam,

You may lodge a complaint with Magistrate also. A similar case with reverse facts is as below.

==========================================================================================

MEMORANDUM OF COMPLAINT U/S 200 OF CRIMINAL PROCEDURE CODE (OFFENCE UNDER SECTIONS 497 and 498 OF INDIAN PENAL CODE)

PLACE OFFENCE: Flat No.X904, Adarsh Gulmohar, Adarsh Palm Retreat, Kadubeesanahalli, Panathur, Marathahalli, Bengaluru – 560 037.

DATE OF OFFENCE: CONTINUOUS OFFENCE SINCE LAST TWO YEARS.

JURISDICTIONAL POLICE STATION: Marathahalli Police Station.

OFFENCES COMMITTED: 497 and 498 OF INDIAN PENAL CODE.

Sir,

The complainant herein above named humbly submits as under:

1. That the address of the complainant for the purpose of service of court summons, notices etc is as shown in the above cause title and that of accused is as mentioned in the cause title above.

2. The complainant married Mrs. Leena Kumaran on 13.05.2005 in Kailasa Vaikunta Mahakshetra Temple, Bengaluru and registered the same at the office of Sub-Registrar of Marriages, Shivajinagar, Bengaluru and registered as document vide certificate number SHV-M[deleted] in CD NO.SHVMS according to Hindu Marriage Act. Out of the said Wedlock a son by name Master Mohit was born and now he is about 9 years old.

3. That Mrs. Leena had divorced her first husband for the reasons known to her. She is also having a daughter through her first marriage. The complainant met her in the year 2004 and intimacy developed between them, out of love and affection the complainant agreed to marry her and also agreed to bring her daughter born out of first marriage to his house. With great difficulty the complainant convinced his family members saying that he is giving a new life to Mrs. Leena and her daughter. Accordingly both of them got married and started residing together.

4. The married life of complainant with Mrs. Leena went fine till 2016 and Mrs. Leena was working in M/s. TIETO Company of which accused was the head. Within few days of joining the accused developed intimacy with Mrs. Leena. The accused lured a married woman to share her sentiments and body with the accused. The accused being a top level and senior officer of the above Company used all blackmailing tactics and thus made Mrs. Leena to surrender to him. During the course of such intimacy the accused had given several valuable gifts to Mrs. Leena. Further the accused in the name of business travellings taken Mrs. Leena of official tours to several countries at the expense of the above Company. The accused made Mrs. Leena to reside in his room at various hotels and thus abetted and committed the offence of adultery. The accused is having knowledge of Mrs. Leena being the wife of the complainant. On the other hand the accused is a married person and married to Mrs. Meena Nandy.

5. The complainant had reposed at most faith in Mrs. Leena and given her every liberty and it appears she has taken advantage of the same or won by the accused for official reasons like promotions, increments, hike in salary etc. Thus the accused by hook or crook made Mrs. Leena a victim of adultery.

6. The complainant further submits that, he came to know about the illegal intimacy of these two persons on the basis of suspicion and also on the basis of cross checking with backups of mobile used by Mrs. Leena. The complainant was surprised to found thousands of messages exchanged between the accused and Mrs. Leena over a period of 9 to 12 months. Such exchange of communications were through SMS, WattsApp, E-mails, mobile calls and personal contacts.

7. The complainant further submits that, on such suspicious and after confirming the same enquired with his wife Mrs. Leena and she fairly admits the same and said she was scapegoat of the circumstances which were wantedly created by the accused. The complainant in order to save his marriage made several requests to his wife Mrs. Leena to avoid such illegal affairs with the accused. The complainant was ready to pardon both his wife Mrs. Leena and the above said accused in view of welfare of children. Inspite of all the efforts made by him Mrs. Leena and accused not discontinued with their illegal activities. The sample copies of WattsApp and E-mail messages are herewith produced as Document No.1.

8. The complainant further submits that, in order to save his marriage with his Mrs. Leena himself went personally to the office of accused on 17.07.2017 and tried to convince him to disown Mrs. Leena and to discontinue so called unethical activities but the accused was adamant. Aggrieved by the personal meeting made by the complainant with the accused, he abated Mrs. Leena to issue a legal notice through E-mail from our advocate M/s. Stanley Latha Associates, No.321, Satko Palm Tree, M.G. Road, Marathahalli P.O, Bengaluru – 37 it is dated 20.07.2017. It is herewith produced as Document No.2. Since the contents were unwarranted as such the complainant himself sent reply notice to the said advocate on 22.07.2017. The E-mail extract copy of the same is herewith produced as Document No.3. The complainant herewith produces copy of marriage certificate with Mrs. Leena dated 13.05.2005, it is herewith produced as Document No.4. Mrs. Leena got divorce from her first husband, a copy of divorce order is herewith produced as Document No.5. The complainant made complaint to the head office of M/s. TIETO Company at Singapore through E-mail and a copy of it is herewith produced as Document No.6. The said office assured the complainant to enquired into the allegations of illegal affairs of accused with Mrs. Leena and a copy of such E-mail correspondence sent to the complaint is herewith produced as Document No.7. The complainant further produces copies of two birth certificates of his son born through Mrs. Leena and daughter born to Mrs. Leena through her first husband. Both the birth certificates are herewith produced as Document No.8 and 9.

9. The complainant further submits that, the accused is having a legally evicted wife by name Mrs. M. Meenalakshmi Nandy. The complainant in order to save his marriage also met with the wife of the accused and brought to her notice about the illegal intimacy developed by accused with Mrs. Leena. On this occasion Mrs. M. Meenalakshmi Nandy described her future in the hands of the accused and handed over several documents permitting to the litigation between herself and her husband that is the accused. Copy of her complaint to the Circle Inspector, HAL Police Station, Bengaluru against her husband dated 02.02.2017 is herewith produced as Document No.10. Another copy similar complaint lodged by her against her husband addressed to the Circle Inspector, Marathahalli Police Station, Bengaluru is herewith produce as Document No.11. Copy of legal notice received by her through the advocate of accused dated 09.05.2017 is herewith produced as Document No.12. A copy of reply notice sent by Mrs. M. Meenalakshmi to the advocate of accused dated 15.05.2017 is herewith produced as Document No.13. A copy of family case that is Divorce Case filed by the accused against his wife Mrs. M. Meenalakshmi in M.C. No.501/2018 pending on the file of Hon’ble Vth Addl. Prl. Family Judge, at Bengaluru is herewith produced as Document No.14. A copy of interim application filed by M. Meenalakshmi under Section 36 and 38 of Special Marriage Act seeking interim maintenance of Rs. 1,00,000/- per month etc filed in M.C. No.502/2018 is herewith produced as Document No.15. Mrs. Leena kept her photographs taken along with the accused two in number are herewith produced as Document No.16 and 17. Mrs. Leena several times told the complainant her marriage was celebrated with accused but complainant unable to believe the same but at last he made to believe the same on seeing above photographs depicting the ceremonies of marriages of Mrs. Leena with the accused. Thus the accused committed the offence of adultery on the basis of photographs, correspondence between himself and Leena and the documents in respect of pending litigation before the Hon’ble Family Court. The contents of pleadings made in the Court documents produced in the case in respect of pending in case M.C. No.501/2018 may kindly be read as part of this complaint to attract the various sections of IPC as alleged in this complainant.

10. The complainant further submits that, on his complainant the head office were the accused and Mrs. Leena were working investigated thoroughly and found the allegations made by the complainant as true, as a result, the said company terminated the services of both the accused and Mrs. Leena. Presently Mrs. Leena is residing in her parents houses along with her son born through his complainant. On enquiry she submitted to the complainant and others that after getting divorce by the accused from M. Meenalakshmi, she will join in the life of accused as her marriage in a Temple already celebrated.

11. The complainant further submits that, in this background he prays to punish the accused as follows:

PRAYER

WHEREFORE, the complainant humbly request the Hon’ble Court to take cognizance in respect of offences punishable under sections 497 and 498 OF INDIAN PENAL CODE, 1860 and issue summons to the accused and to conduct the trial of the case to punish the accused in accordance with law.

Signature of the Complainant.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

You may leave the house of your husband and file a case for divorce and maintenance.

Also you can file a case against your husband.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

There is nothing that you can do about your husband's adulterous act as per law, except that you can gather clinching evidence and file a divorce cse on the grounds of adultery.

The extra marital affairs of a married ,man with an unmarried woman is not a criminal offence as per Indian law.

If he is not mending his ways then you have an option to ask him to give mutual consent divorce and get away from you or you can file a divorce case if it is beyond tolerance.

If you still want to give him a chance and save your marriage, it is your decision.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You'll need to pursue the complaint with the police against the girl.

In the meanwhile, you can make a written complaint to the HR of your husband's company to take disciplinary action against the girl. In all, likelihood, the girl would be terminated from the company. Make sure you produce all evidences along with your complaint.

You can also file for divorce on grounds of adultery and cruelty against your husband.

A girl is considered a victim in India in case of Adultery, so nothing can be done to the girl in that regard. Also, your husband would not be liable for imprisonment since he didn't have any relationship with any other married woman.

Hope this would help.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. Did police file a FIR against them?. Unless police register FIR, I do not think this issue would be resolved completely. I suggest you to face the trial.

2. Take a copy of all digital conversations happened between your husband and the girl.

3. Extra marital affair lead to Adultery and punishable u/s 497 of IPC.

4. If police refuse to file a FIR then approach a lawyer to get court order for the same.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Dear Client,

Apathy but true, No criminal offense if hubby lives in adultery.

You better complain to HR, - taking undue advantage of being girl, her main concern is not performance but alluring senior through her body.

Professional misconduct having relation with senior and married senior.

Living as mistress and amounts to moral turpitude.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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