• Does wife also need to appear in court in adultery case?

I am 36 years old man married for 6 years with a 5 year old child. One day I found my wife guilty of having an extra-marital affair with another man (my neighbour/friend) and have obtained sufficient illicit whatsapp conversation and some intimate photos from his mobile which I had sent it to my personal email id from his whatsapp application (from his email ID).

I desperately want that man to be punished under IPC 497 i,e "Adultery" that he has taken the advantage of my wife's innocence and lured her to have sexual relationship in my absence when I used to be out of town usually for official work. 

The photos which I have obtained are 3 photos (selfies) in hugging position and 1 photo (selfie) in which they are together in a blanket but only faces are visible. 
The whatsapp chat is full of illicit (Vulgar Sexual chat) conversation which I have it in my mail ID now along with those photos.
Is it sufficient proof to prove Adultery?

My question is: "In case I file a case against that man for Adultery, does my wife also need to appear in the court or she may not come into picture significantly?"

Currently me and my wife are not staying together for 4 months and the child is with me.since 1 month.

I am ready to give one chance to my wife as she is begging so much that she has done a big mistake and won't repeat it again, but I have no intention to spare that man so easily who being a friend and neighbour of mine cheated me this way.

Please suggest me so that my wife doesn't get defamed as I again want to lead a normal life with her.
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Hi, in case of adultery only man is committing offence so your wife need not appear before the court.
2. You just lodge a police complaint against that man who has committed adultery.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) the intimate photographs of your wife with her lover will help you in making out a case of adultery 

2) in addition whats app chat conversations will also help you in this regard 

3)wife cannot be punished for adultery as wife is regarded as a victim . 

4) your wife evidence would be necessary in this regard that she had physical  relations with her lover without your consent 

Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
1. Women are always considered as victims in such illicit relationships and therefore your wife need not appear in the court and she will not come into picture.

2. It is commonly accepted that it is the man who is	the seducer and not the woman.

3. It will be almost always committed behind closed doors and without witnesses and direct witnesses cannot be found and only the circumstantial evidence should be strong and you have already collected enough evidence.

 
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
Hi,

You can file adultery case against your neighbor depending on the evidences you are having. Please make sure, if you can establish sexual relationship between them through the char records. Your wife will be treated as victim and will be required to appear before the court to give statement. If she denies the relationship, it would be difficult to you to prove the case as you don't want to make allegations against your wife. 

Please inquire if there was any threat or coercion on her to have and continue relationship with him. if threat was posed, then it will attract different Section of I.P.C. 

It is not possible to avoid your wife's appearance to court in the Adultery case. She has to be named as victim and her statements are crucial to the case.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
1. If you wish to prosecute this man and have him punished for adultery then your wife has to turn up in the court and state the nature of relationship she had with him. 

2. The only exception to the above rule is if you possess sufficient documentary proof of the infidelity of your wife, in which event your wife may not be called to the court.

3. Your wife will inevitably be defamed when that man comes to the court and states that he had sexual relationship with your wife with her consent.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1. It is improper to think that  your wife is innocent and the other man has induced your wife in to the adulterous relationship. Your wife is not a kid and she knew about the consequence of her said illegal act,

2. However, our law also thinks that women are innocent and men only are responsible for such adulterous relationship,

3. You can file a case/lodge a police complaint against the said person for having an adulterous relationship with your wife,

4. If your charge is proved, the said person will be punished with jail term for 7 years,

5. Your wife surely will be dragged to the Court for giving witness and the matter will be exposed to all and sundry,

6. Now you shall have to act judiciusly and work with your head and not heart.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0

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