Adultry

THRFM (Querist) 09 October 2017 This query is : Resolved

Friend of mine is going through a tough time , he recently came to know , his wife having an affair with an office colleague for almost an year now and the guy is also married.

There is complete chat details for over 6 months as proof where they have expressed everyting and also travelled together during weekends and saying that they are out on office work , wife has accepted the same on email and sms messages with husband .

Can the husband file a criminal case against the guy ? whats the process and what are the implications to husband and also the wife ?

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Vijay Raj Mahajan (Expert) 10 October 2017
Adultery is punishable offence u/s 497 IPC if a man indulge in illicit sexual relationship with wife of another man.
Simply with evidence showing chatting or meeting of two persons you cannot prove actual sexual relationship between them. There has to be evidence sufficient to show without any doubt that both of them were in actual sexual relationship.
E.g. They spent night together in one room or were seen together in very close intimate position or they exchanged conversation were admitted of such relationship.
If such evidence exists, the husband whose wife is indulging in adultery with another man can file criminal complaint against the other man and get him prosecuted for the offense.

Kappil Cchandna (Expert) 10 October 2017
Sir,

All those evidences will favor in strong presumption and that will help your friend prove the charges of adultery against that particular man (Criminal 497) and against the wife for seeking divorce in cruelty.

Regards
Kapil Chandna Advocate
9899011450,9911218741

P. Venu (Expert) 10 October 2017
Yes, it is very easy to allege adultery, but difficult to prove.

Rajendra K Goyal (Expert) 10 October 2017
You can proceed if you have enough proofs to prove your charges.

Kumar Doab (Expert) 10 October 2017
You have posted about 'expression of everything' in chats, acceptance of everything by SMS, email.

Show the corroborating evidence to your counsel for a considered opinion....

THRFM (Querist) 10 October 2017
thank you for your feedback,actually chatting records show commiting this adultry,hope that should be enough n also the dates are known of the time travelled together