• Adultery

Good Afternoon,

I am married for 28 years and have made up my life by absorbing the difficulties in my relationship with my wife. She somehow as it now appears could not love me even after such a long time of marriage. I have two grown up daughters of 18 and 24. We live in an apartment of 150 flats in Delhi. I have a touring job right from the beginning and so had remained away around 10 days a month. Besides our usual skirmishes, I never noticed anything untoward in my wife and had more than full faith until recently. 

My daughters wanted to talk to me about something and took a special appointment to tell me that my wife is involved with a man in the society for more than a year. They have whats up record, snap chat record, audio record. I loved my wife all the way and never could think this could strike my home. This man has been a friend in the society. Somehow I feel fully violated in this whole episode and want to file a case against him charging him adultery and breaking my home. I want to eventually separate as a normal course required to uphold my daughters pride and also my pride. But I do want to teach a lesson to this man under the provisions of law. 

So you need to understand how to put forward a complaint.
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

You may register an complaint to the nearest police station. However , adultary is an criminal offence against the husband... If police officials didn't register your complaint then send by post to the SHO and DCP through the advocate... ND file complaint case under which court may order status report upon your complaint ND later order the police officials to register the FIR.... If you not wanted to live with your then file a divorce petition... For more info uh may contact me for free legal advice upon the call ... ND may come to the office .... Practising in Delhi high court and lower courts ....

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

1) file private complaint before magistrate court against your wife lover under section 497 of IPC

2) engage a detective agency and gather evidence of your wife extra marital affair

3)there are recent judgments wherein it has been held that you cannot rely upon audio recordings of wife with her lover as it would be infringement of her privacy

4) confront your wife obtain signed confession of her adulterous behaviour with another man

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Firstly, Sir, it is very unfortunate that after such a long time your wife has cheated on you.

Secondly, yes Sir, you can file case of adultery on him for sure on the ground that he knew that she is married, only this much would be sufficient to teach him a lesson.

Thirdly, the evidences which you have are sufficient for this very purpose.

Fourthly, now, I don’t know whether I should say this or not, but if you want divorce you can go ahead on the ground of adultery at her fault, and would not have to pay any alimony to her.

Rest, would feel fortunate to help you further in future...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You have to file a complaint before the court for the offence of Adultery under section 497 of IPC read with Section 198 of Cr.PC. Section 497 of IPC defines Adultery. The most important thing that you need to understand is that for the offence of adultery the essential part is to prove that there was sexual intercourse with the Accused and your wife. This can be proved with the help of various evidences which can be - circumstantial, admission of your wife itself that she was involved sexually with the Accused, evidences in the form of whatsapp chat and other similar evidences are also acceptable. The testimony of your daughter will also be used in the court to prove the offence. To establish there was a sexual intercourse is little tricky and it has to be proved with the help of these evidences.

Further on the ground of Adultery you can also seek divorce from your wife and if adultery is proved she will not be provided with maintenance too.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

Adultery is a good ground for divorce. And you have sufficient evidence to prove your case. All you need to do is file a complaint for the appropriate police station against the person who was involved with your wife . And at the same time time file for divorce before the appropriate court having jurisdiction.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Dear Client,

Adultery with married in an offense, If you have proof of their cohabitation, you can file criminal complain against the person u/s 497 of IPC.

Or procure more evidence of their indulgence physically and than file report.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir file a police complaint under section 497 Indian Penal code in police station at local jurisdiction against the mam. Since women in India cannot be charged of adultery there shall be no criminal complaint against your wife though divorce can be taken on that ground.

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The ingredients of the offence of adultery under Section 497 are:

i) The accused had sexual intercourse with a woman;

ii) Such woman was married;

iii) The accused knew or had reason to believe it;

iv) The connection was held without the consent or connivance of the husband.

v) The sexual connection so held does not amount to rape.

In a prosecution for the offence of adultery, the factum as well as the legality and the validity of the marriage between the complainant and the woman involved must be strictly proved beyond reasonable doubt.

The onus of proof would be on you to prove that your wife had sexual relations with the man during the subsistence of your marriage. Since, you have the documentary evidence of that, but it should prove that they had indeed engaged in sexual relations.

Feel free to call.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

My Advice as per your gist:

1. You can file a complaint against the said person for committing adultery in the nearby police station.

2. Collect proper evidence which denote adultery was committed.

3. Evidence you have to collect in cases of adultery: Circumstantial evidence, evidence of visit to houses of ill-repute,

admissions made In previous proceedings,

confessions and admissions of the parties. Mere suspicion is not sufficient.

4. Once you make complaint to the police, they will start their investigation without arresting the concerned person as it’s a bailable offence. If you don’t have proper evidence then you may face difficulties in registration of FIR through police. In such a situation you then have to approach the courts of metropolitan magistrate for registration of FIR under section 156(3) Crpc with all supporting evidence.

5. Parallel to all this you can ask your wife for mutual divorce without creating disturbances in your life and your daughters lives. If she opts for this then proceed for mutual divorce which will take 6 months for a divorce decree.

5. If she does not agree Then file a case for divorce on grounds of adultery as the Hindu Marraige Act gives right to husband to allege his wife for commission of adultery and take that as a ground for seeking divorce.

As your marraige span is long and you have grown up daughters, you need to first think about the pros and cons of each and every step you take. This is the time you’ll initiate and the way you initiate will prolong till the end. My response is pertaining to what actions you can take, but you know the consequences well.

Any more assistance as per your idiology please feel free to consult.

Regards

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Hello,

Adultery is an offence under the indian penal code. File a complaint stating your case along with the evidence you have. The police will arrest the guy in charges of adultery.

Regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

To teach, it is first to learn, to understand, to evaluate, to discuss, to conclude and many more. Your daughter tolerated why can’t you? It is just personal thinking of me.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

1.First of all you shall have to make paradigm shift form teaching that man a lesson to seeking can seek justice as per law against his illegal act since our law does not allow anybody to act vindictively.

2. However, you shall have to collect irrefutable evidence to prove that the said person have established physical relationship with your wife and in that case their admittance for it through whatsapp messages, SMS or audio recordings are considered as digital evidences by the Court

3. if you have not yet been able to collect irrefutable evidence, do not let your wife know that you have come to know about their affairs and complete collection of the said evidence.

4. Thereafter file a police complaint against him u/s497 of IPC alleging the act of committing adultery with your wife submitting the evidence collected by you.

5. Finally you can file a divorce suit on the ground of cruelty since running an affair out of the wedlock by the wife/husband is considered as a form of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Adultery is punishable under Indian Penal Code with an imprisonment of up to 5 years but it has to be proved through cogent evidence. If you launch the criminal prosecution of this man for the offence of adultery then the onus will be on you to adduce cogent evidence before the court to prove that your wife has committed sexual intercourse with this man. So first collect evidence through detectives and then proceed. Without evidence your case will collapse like a pack of cards.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You file case against him under section 497 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.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You collect some substantial evidences to prove the acts of adultery and lodge a criminal complaint against her paramour with the local police for the offences of adultery

The police will initiate appropriate legal action on your complaint as per law.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Based on the proofs of adultery, if they are sufficient. You may file a criminal case for adultery against the said person. For taking divorce you need to file a divorce on the grounds of adultery against the wife. You may also speak to your wife to take divorce on the grounds of mutual consent.

Regards

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

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