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Capt ravi Kudari   06 May 2018

Adultery

Married man having s*x with another person's wife is adultery.Offence is committed against the husband.What if the affected couple is not living as husband and wife,living their lives independently and separately, living separately for about 10 years,not communicating.Request clarify : 1. Does above s*x constitutes as offence against the negligent husband and to be termed as adultery?
2.If the husband is aware of above s*x and keeps mum about it..does s*x becomes adultery?
3.Husband who has not bothered about his wife for 10 years,can he lodge complaint against the man?
4.Wife has become US citizen now.Due time constraints, not filed for divorce in indian court.
5.Request reference case of above such adultery case.


Learning

 6 Replies

TGK REDDI   06 May 2018

1. Yes.

2.No.

3. Yes.

5. See Indian Penal Code.

P. Venu (Advocate)     06 May 2018

The facts posted suggest deeper issues. Please post the material facts.

T. Kalaiselvan, Advocate (Advocate)     08 May 2018

1. Yes,

 

2. If the husband is not preferring a complaint against the paramour of his wife then there is no question of any offence.

 

3.  Yes, he can.

 

4. The offnces committed in India only are punishable, if she was indulged in the said offence in a foreign country then there is no jurisdiciton.

 

5.  What type of reference do you want?

 

 

Capt ravi Kudari   09 May 2018

Dear Sirs,Thank you for your valuable inputs.Further to the above, following are additional queries:- 1.Email love letters of the husband are produced in the court by the wife for proofs of affair. These emails were accessed without permission and were hacked unauthorised. 1.Does the court accepts these emails without the authenticity of 65B of Evidence act? 2.Wife claims these emails were left open in the computer and not accessed unauthorised. My friend was outstation when his mails were accessed without permission/ hacked.So does it not amount to unauthorised access of mail which is offence under IT act.? 3.Can court order my friend to disclose his now secure email contents to authenticate? 4.These emails were sent to the husband of the wife settled in US. Are these emails sufficient ground for separated husband to file case against my friend.? 5.What type of proof is required for him to file case of adultery by the husband. 6.Request specific case judgement where court has declared adultery as offence when husband has neglected his wife for 10 years plus, living separately for 10 years and now decides to file adultery charges to avenge against US citizen wife.

Capt ravi Kudari   09 May 2018

Dear Sirs,Thank you for your valuable inputs.Further to the above, following are additional queries:- 1.Email love letters of the husband are produced in the court by the wife for proofs of affair. These emails were accessed without permission and were hacked unauthorised. 1.Does the court accepts these emails without the authenticity of 65B of Evidence act? 2.Wife claims these emails were left open in the computer and not accessed unauthorised. My friend was outstation when his mails were accessed without permission/ hacked.So does it not amount to unauthorised access of mail which is offence under IT act.? 3.Can court order my friend to disclose his now secure email contents to authenticate? 4.These emails were sent to the husband of the wife settled in US. Are these emails sufficient ground for separated husband to file case against my friend.? 5.What type of proof is required for him to file case of adultery by the husband. 6.Request specific case judgement where court has declared adultery as offence when husband has neglected his wife for 10 years plus, living separately for 10 years and now decides to file adultery charges to avenge against US citizen wife.

Capt ravi Kudari   09 May 2018

Dear Sirs,Thank you for your valuable inputs.Further to the above, following are additional queries:- 1.Email love letters of the husband are produced in the court by the wife for proofs of affair. These emails were accessed without permission and were hacked unauthorised. 1.Does the court accepts these emails without the authenticity of 65B of Evidence act? 2.Wife claims these emails were left open in the computer and not accessed unauthorised. My friend was outstation when his mails were accessed without permission/ hacked.So does it not amount to unauthorised access of mail which is offence under IT act.? 3.Can court order my friend to disclose his now secure email contents to authenticate? 4.These emails were sent to the husband of the wife settled in US. Are these emails sufficient ground for separated husband to file case against my friend.? 5.What type of proof is required for him to file case of adultery by the husband. 6.Request specific case judgement where court has declared adultery as offence when husband has neglected his wife for 10 years plus, living separately for 10 years and now decides to file adultery charges to avenge against US citizen wife.

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