Dv case initiated
Nikhil
(Querist) 19 November 2014
This query is : Resolved
I had an affair before marriage which my wife knew (Wife and Ex have spoken before marriage). After marriage my ex and I used to meet for coffee/lunch/dinner in office (we both are in same office). Now my wife has initiated a divorce case under DV Act and she alleges me that I had an extra marital affair and that I used to chat/talk with my ex using facebook/whatsapp etc. Your opinion is appreciated on below:
1. My ex is still in the same office, we still go for coffee/lunch breaks together. How can this be adultery?
2. My ex is unmarried, and her family is unaware of all this. Can my wife drag her in court? By doing so, will there be any kind of violation of privacy of a woman?
3. Basically, since she's unmarried, and law speaks about adultery applicable only for SEX outside Marriage with MARRIED Woman or Man, can I ask court to disregard this allegation? What if the JMFC denies and orders her to appear in court - Can I go to higher court for any contempt?
4. What counter charges can I put on to my wife and her lawyer?
Please advice.
Devajyoti Barman
(Expert) 19 November 2014
1. Even though this alone is not adultery, you had no reason to maintain contact with her. No wife would tolerate her husband to chat and dine together with his ex. Had you tolerated if your wife would the same thing with her ex in regular fashion?
2. She may be dragged to court and she should be if she knew that you have already married.
3.You seem to be to more interested to save your ex than saving the marriage.
4.Think of saving the marriage than counter charges. You alone are responsible for this mess and you should be penalised for this if you do not correct your ways and seek forgiveness of your wife.
Rajendra K Goyal
(Expert) 19 November 2014
Try to have dialogue ad amicable solution with your wife to save marriage. You should stop meeting with your ex to ensure peace in your life and in the life of your ex in days to come / after her marriage.
ajay sethi
(Expert) 19 November 2014
1) mere chats does not constitute adultery
2) in the divorce case your wife must have named the lady as co respondent . since allegations of adultery have been made against said lady she would be respondent too in divorce proceedings
3) your wife has to prove the allegations
4) the lady can file case of defamation against your wife
P. Venu 
(Expert) 19 November 2014
Healthy interaction with a person of the opposite sex do not constitute an extra marital affair or an offence of adultery. However, your query appears to be hypothetical and less of a real life situation.
Nikhil
(Querist) 19 November 2014
Thanks all for the valuable responses.
@ajay sethi: My wife has just mentioned a paragraph about her and did not make her as co respondent. Please advice
T. Kalaiselvan, Advocate
(Expert) 19 November 2014
First of all there is no such thing called a divorce case under DV act. You are confused in letting know this forum with correct details. If she has filed a domestic violence case against you then the case for adultery is your imagination. As observed by expert Mr. Venu that your query appears to be hypothetical and less of a real situation, I agree with his observations.
However, as rightly observed and suggested by expert Mr. Barman, you may follow his suggestion scrupulously to save the sacred institute of marriage between you and your wife instead of adamantly sticking to your useless ideologies of continuing your verbal relationship with your ex.
K.K.Ganguly
(Expert) 21 November 2014
1. It apperas that the query is unreal,
2. Has she filed Divorce Case or Domestic Violance Case?
3. Though there is no reason to allege adultery from what you have stated, it is also strange that you have kept relationship with your ex-fiancee even after your marriage,
4. Forst inform what case your wife has filed for getting proper advice.
