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rajeev   12 March 2016

Adultery case

Dear All .I am from Agra and there is a case filed against me under sec 497 of adultery. my GF husband have recorded all proof secretly through a spy smartphone software. he have ouro  phone recording , chat messages, my GF self confession through written letter and admission proof through cctv cameras. are these enough proof to proove adultery... please suggest a good lawyer in Agra...



 12 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     13 March 2016

Once the court approves the validity of the electronic evidences at his disposal,then U and the woman are in a soup.It is for the husband to prove the  validity of the evidences.U also said his wife has confessed her adulterous act with U.U may have to defend only merits from UR side.

Fahd Iqbal   13 March 2016

Have you taken bail ? Who is ur current lawyer in Agra ..

Fahd Iqbal   13 March 2016

Have you taken bail ? Who is ur current lawyer in Agra ..?

Fahd Iqbal   13 March 2016

Have you taken bail ? Who is ur current lawyer in Agra ..?

Adv.Yashwardhan Tiwari (Advocate IPR Associate )     13 March 2016

Don't worry these are mere allegations. To proof evidence many more things are require. Just some videos chat cannot become proof of adulery. Even this case has merits but still you can defend yourself. I suggest you try to examine evidence and in all see the role of GF.

 

Adv.Yashwardhan

9711787139

rajeev   13 March 2016

Dear All

 

Thanks for your valuable feedback.....  I need experts advice on the following [points. You are requested to please give your expert feedback on the same.. Thanks to all of you.

1. Still i have not taken bail.. I have not received any notice yet from court.One of my friend let me know that this case already filed in the court.  should i wait for notice or should hire a lawyer immediately for bail.

2.how long trial will go in my case...

3. If judgement goes favour in procecution than what may be the punishment in my case.

4.whatsapp chats and spy software call recording can be present in court as evidence or not ?? second what will be happen if cfsl lab test these evidence...

 

Sanjay K Agrawal (Owner)     13 March 2016

Adultery is an offence of having s*xual intercourse with others wife with knowledge or reasons to believe that she is wife of other. The evidence in possession of you friend's husband as mentioned by you, indicates that you and your female friend are meeting, talking & chatting with one another. To bring in the allegation of adultery he needs to prove that you had s*xual intercourse with his wife (your friend) even though you new or had reasons to believe that your friend was wife of another. Adultery is a bailable offence hence if FIR is filed and you are ready to submit bail bond then the police officer/ magistrate is bound to give you bail. However it is suggested that one should not indulge in such acts, such conduct is wrong. Further take note that if the offence is proved you can be jailed fir 5 years or fined of both but there is no punishment prescribed for your female friend under the law.

Sanjay K Agrawal (Owner)     13 March 2016

Adultery is an offence of having s*xual intercourse with others wife with knowledge or reasons to believe that she is wife of other. The evidence in possession of you friend's husband as mentioned by you, indicates that you and your female friend are meeting, talking & chatting with one another. To bring in the allegation of adultery he needs to prove that you had s*xual intercourse with his wife (your friend) even though you new or had reasons to believe that your friend was wife of another. Adultery is a bailable offence hence if FIR is filed and you are ready to submit bail bond then the police officer/ magistrate is bound to give you bail. However it is suggested that one should not indulge in such acts, such conduct is wrong. Further take note that if the offence is proved you can be jailed fir 5 years or fined of both but there is no punishment prescribed for your female friend under the law.

(Guest)

1.Go to E court website and search your case details by name etc. you may get details of the case. Most probably husbsnd has made Complaint to magistrate under Chapter XV of Cr.P.C . And Magistrate will order investigation to concern Police station , and further procedure. 

2. Get Anticipatrory Bail Cr. P. C. Sec. 438 , and follow the conditions , like you will cooperate with police station , not try to contact anyone who have complaint etc

3. Deny all allegations

4. All evidence in support of case by opp. party have to be examined , and challenged. Under Sec.45A of evidence act in my opinion they will ask for expert opinion. 

5. Opp. party may be working with some advocate already to collect all evidence under relevant provision of Evidence Act and may have made case strong . if it was all well planned.

6. Improve your conduct , permanently because they will also try to prove you are danger to society and ladies . So now you need to be straight permanent.

7. If indeed this case runs certainly your reputation will be damaged a lot and you need to be prepare for  it. Additionally further benefits in job etc. too may get problem .

8. Handle this matter carefully within frame work of law with help of good Criminal Lawyer. And most important thing be good person now else , if you take any wrong step now from bad only worst will happen nothing else. Be away from that Lady permanently 


(Guest)

9. Although both Male and Female are equally responsible still our IPC is biased. It helds Male responsible and not female. 

10. After some time move away from that town and area and start fresh life again in new town because this thing will damage your reputation a lot . In life accident takes place whether intentionally or not . Most important thing is to correct improve and never make mistake again. 

11. Don't become regular source of Income to Advocate. 

Nitish Banka (lawyer)     10 April 2018

Posted by: Nitish Banka  Categories: Civil Law 
 

 

Divorce on Adultery

Under the Hindu Marraige Act, 1955 adultery word is not used in the Section 13 1(i) of the HMA 1955

13. Divorce- (1) Any marriage solemnized, whether before or after the
commencement of the Act, may, on a petition presented by either the husband or
the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary s*xual intercourse
with any person other than his or her spouse;

Image result for adultery

Divorce on Adultery

Now How to prove Adultery in Indian Courts?

The courts in India puts heavy burden on the person who is saying that his estranged spouse and invoked the provision of section 13 1(i) of the HMA 1955. Anything short may come under the cruelty ground and petition of divorce can be dismissed, therefore it very important to consider whether constitute adultery or not.

Though direct evidence of adultery is rarely adduced but largely the evidence is circumstantial.

What are the  facts that can prove adultery?

Since circumstantial evidence is the basis of proving adultery, the circumstance like wife and her paramour lived in a Hotel for 1 night and no explanation is given by the wife to this effect then adultery is presumed for this entry in Hotel register, CCTV footage with certificate under section 65B of IT act. It is important to make paramour also a party to the suit though no decree can be sought against the paramour. it is important the evidence of witnesses in are of equal weight age like A Husband brings his girlfriend to house in absence of wife and take her into bedroom. the witnesses can be grown up children, neighbors, maid etc. These are the circumstances where adultery can be presumed.

But a mere suspicion that wife was not home whole night is not enough to prove adultery. There should be voluntary s*xual intercourse and if husband tries to create a situation wherein a wife is left alone with male person not his husband under such circumstances it is not adultery. A rape on wife is not adultery.

Even if the paramour of the wife writes filthy letter that too also does not come into an ambit of adultery. what adultery is in the eyes of a reasonable man?  that circumstances are such that a reasonable man would think its adultery. like wife is living with paramour for more than 7 months . Another thing is merely having flirtatious conversation with a person not his/her husband/wife does not mean adultery, though it can come under mental cruelty. Wife conceiving a child and husband was away for 365 days is a conclusive proof.

Conclusion

The ingredients for proving adultery are like the facts in which the intimacy is such that in the eyes of the reasonable man, such intimacy is there, credible evidence needs to be produced before the court to prove adultery merely on the basis of whims fancies suspicion the same cannot be proved. The court also  put the heavy burden of proof on the person alleging. Divorce on adultery is difficult.

Advocate Nitish Banka

9891549997

nitish@lexspeak.in

 

Zeta Teresa Pereira   20 January 2020

Dear Sir, 

Unfortunately, the documents you mentioned are enough to prove adultery.

Adultery can be proved by circumstantial evidence, a contagious disease in private parts, giving birth to a child and proof of non-access of husband or admission by the party. In your case, your girlfriend has admitted about the act.

Hope this clears your doubt.

Regards,

Zeta 


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