Affair & case 498a & 497 and mcd

Chithkala (Querist) 15 March 2017 This query is : Resolved
Hello Experts of law

I was involved in a an affair with my partner. I am married, and what ever got into us, we had a emotional and sexual affair. I was not ready to leave my husband and as we have a daughter. I am 42 and my partner 29.

we had made photographs and videos of our sexual activity at various places. these were in laptop of mine and my partner. Now by some reason these have gone into the hands of my husband.

to stop him from using those as evidence to get a divorce, I have filed a dowry harassment under 498A and kidnap of child against my husband, its not the case.

my husband is ready for MCD, and wants to keep the child.,
at the police station when I had filed the case, my husband was called and the child was also produced.
upon being asked, daughter said she wanted to stay with the Father., to the Investigating office and to the child welfare office. daughter was sent with the father.

Now as I have not withdrawn my complaint, we fear my husband may file a case under 497 against me and him.

my question is
1. are the photos and videos accepted as proof of our extra-marital affair (can send couple of photos if needed)

2. what is the penalty under 497, for me and for him

3. what are our (mine and his) options with respect to avoid cases and being penalized for our affair.

4. what will happen to the child ?, who will get the assets that i and my husband have in joint.

Looking forward to your expert guidance.

Regards,

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John P Thomas (Expert) 16 March 2017
Definitly you will be penalized in both counts.It is better to keep your affair and submit for MSD and ignore the child and assets.Any way your husband will get a divorce even otherwise without much effort even without a single photo about your extra-marital affair.However penalty may not be under any offence against the marriage prescribed in chapter XX of IPC BUT elsewere in the moral code.

Sudhir Kumar, Advocate Online

(Expert) 21 March 2017
What guidance you want

Chithkala (Querist) 24 April 2017
Is there any chance of me avoiding the lengthy court process

Guest (Expert) 24 April 2017
Seems to be a good but unbelievable academic story?

However, if it is true, no chance is evident for you, as per the story. Both of you will have to meet with your fate, besides failing in your 498a case.

Best of luck!