Adultery/purely sexual(dirty) chatting/photos on what's app
B kumar.....
(Querist) 06 November 2017
This query is : Resolved
(POSTED NOT ANONYMOUS AUTHOR)EARLIER POSTED SELECTED ANONYMOUS
Sir/Madam,
Thanks to Esteem L. C. I.
Kindly, Resolve/let me know Q 2 specifically.
Q1-What legal safeguards/actions I should take against purely sexual chatting on whats’app by my wife with a person whom I don’t know. These chatting’s in her mobile is in my possession. Also she has been cruel in routine life, maybe because of deficiency in her mind due to any hurt in childhood since marriage. I have two baby child of age under four years. Marriage is 5 years old.
Q2-Can,For the time, I file an FIR only against the person with whom chatting is done as this person has threatened me when I called at the number to find his identity and objecting this all.(Note my wife has been equal responsive to reply to his messages received)
I will appreciate your valuable advice.
Thanks
Regards
B.Kumar
Vijay Raj Mahajan
(Expert) 07 November 2017
Indulging in sex chat is one thing and indulging in sexual relationship outside marriage another, simply that the wife indulge in sex chat with another man doesn't mean she is in actual sexual relationship with other man.
Even for the dissolution of marriage under section 13(1)(I) of the Hindu Marriage Act,1955 the exact provision is : the other party has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse.
Your wife is indulging in indecent sex chat activities is act of cruelty on this ground you may seek divorce from her and not adultery.
As far the other man indecent misbehaviour and threats on phone is concerned (that if you have recorded, file complaint against him with local police and get the same registered as FIR under the Indian Penal Code as well the IT Act. You cannot get him charged for adultery with your wife under section 497 IPC as you are not having proof of the sexual intercourse between both of them, more so the complaint under section 497 IPC has to be private complaint that you file directly with magistrate not through police as FIR.
Rajendra K Goyal
(Expert) 07 November 2017
Well advised, agree with the advice from expert Vijay Raj Mahajan.
Dr J C Vashista
(Expert) 08 November 2017
Very well analysed and advised I fully agree, nothing more to add
A. A. JOSE
(Expert) 08 November 2017
While fully apprecisting views expressed by expert Vijay Raj Mahajan, I may add that if the chats were only for one or two stray occasions, one should not think of such extreme steps and spoil your family life, but try to persuade and convince your own wife to desist from such unethical behaviour once and for all. In this digital era, one should admit that such thoughtless actions and mistakes by chance can happen with anyone, sometimes out of sheer curiocity or mere fun without much substance. However, while showing a large heart to forgive such innocent mistakes, one must be vigilent to see that such incidents are not repeated in future.
