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Raj   22 September 2018

File for Adultry against wife

Recently I found out from phone location (evidence available in Google maps) of my wife that she has visited to a house (1 month back) in pretext of going to office. The house is owned by a guy with whom she has been talking and chatting (watsapp chat evidence available) for about a year. She was there for 1 hr and went back to office. I am unable to get CCTV of that building as it doesn't save 1 month old data. I am sure, she would have had physical relationship with that guy that day. I don't want to live with her anymore because there also a history of her bad behavior with me and my parents. Can I file for Adultry basis the above evidences? If not, what way I can get divorce? I have 2 year old daughter.


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 5 Replies


(Guest)

Married Women or Married lady cannot be prosecuted for the offence of Adultery as per the IPC.However, you being a lawful husband of your wife can initiate adultery proceeddings against the adulterer [Other male person) and prosceute him.

However you can claim divorce on the ground of adultery committed by your wife.

Regards,

Balachander Reddy,B.Com,LL.B,LL.M IPR

High Court Advcoate and Legal consultant

Mbile/whatspp@ 9959850723

email: advocate.bcreddy@gmail.com

Raj   22 September 2018

I understand! My question still remains! Can I file for Adultry (on the other man) basis the evidences that I have? If not, what way I can get divorce? I have 2 year old daughter

being moral   22 September 2018

how can visiting someone's house for one hour proves a case of adultery unit you are having any concrete evidence. don't you think your wife may sue you for being skeptical all the time and sniffing her for illicit relations.

Raj   22 September 2018

@Being Moral. Adultery happens in secreacy. The only way it can be caught is being suspicious, and I became suspicious of her after I saw her watsapp chats, phone locations etc., else I was living a normal life. Now consider following:

- Nobody resides in that house, its empty. Its a spare house owned by that guy

- When she visited that house, only two of them were there which I confirmed from the security guard of that house

- I have seen their cosy and flirtacious wastsapp chats

If police investigates the cell phone location for both of them for that day, it will zero down to that house. Can these be enough as circumstancial evidence to prove adultry?

R Trivedi (advocate.dma@gmail.com)     23 September 2018

Raj, no case is made out. Proving adultery is difficult and police is not going to investigate like this so easily. Confront her and try for mutually agreeable separation.
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