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.
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:
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.