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kilimanjaro (md)     21 March 2015

Adultery case against wife ?

Wife living in India and husband is in Australia .  Tracked wife mobile call records and found that she is having affair with someone for more than six years .

wife and daughter staying alone in a house and this guy comes and stays there for weekends and go , which has been clearly shown in the call records along with the tower location.

 

since husband living in Australia how can he file an fir in India ?

will my wife and the person be arrested ? Or only the person will be arrested ?

what will be the minimum punishment ?



Learning

 21 Replies

Soman (Dy Manager)     21 March 2015

The court is lenient towards ladies, especially when adultery is accused. Gather sufficient evidence, then only apply for divorce.

How do you manage to gather call records with tower locations ?!

Is it possible by paying money to any agency?

kilimanjaro (md)     21 March 2015

Can i give  vakalath to a lawyer in India and can he file an fir for adultery against the wife and her lover ?

divorce is secondary ? First I ant to file an fir and put the wife and her boy friend behind bars ?

the records were taken by the help of police for another case and I happen to get a copy from a family member


(Guest)

Take divorce by paying money to wife.  NO other option that this or contesting divorce case for 7-8 years.  Think fast, act swift.  Time and tide wait for none.

kilimanjaro (md)     21 March 2015

I'm not talking about divorce here I'm only talking about filing an fir in the police station against my wife and her lover Can my lawyer in india file an fir on my behalf?

(Guest)
Originally posted by : kilimanjaro
I'm not talking about divorce here
I'm only talking about filing an fir in the police station against my wife and her lover

Can my lawyer in india file an fir on my behalf?

Then why are you here in the first place?


You dont seem to be having a proper mind as of now.  Your mind is telling you to teach lesson to wife, but here in India, you cannot punish women for adultery.  Laws itself are not proper when it comes to adultery isssues only man can be punished, and only man has to suffer.


FIR?  getting FIR registered is not easy like eating banana.  Police wont even take complaint in first place, you may try, but no use. 


And if not divorce what you want from wife who is adulterous in nature?


First decide what you want.


wasting time or enjoying the time whatever is left.


Good luck.

Pkadian, Advocate (Advocate)     21 March 2015

only the boy friend of your wife can be punished. your wife can't be punished under 497 IPC. adultry can only be ground for divorce. FIR will help in divorce. 

kilimanjaro (md)     21 March 2015

Originally posted by : Pkadian, Advocate

only the boy friend of your wife can be punished. your wife can't be punished under 497 IPC. adultry can only be ground for divorce. FIR will help in divorce. 

thank you

this is what i wanted to know

how can file fir in india ? currently im in australia ?

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     21 March 2015

For cannot be filed unless substantial evidence indicate to frame charges. Mere telephone talks will not help nor lawyer van do in this coplexity

Advocate Ravinder (Advocate/Attorney)     21 March 2015

I completely agree with gyan praksh and pkadian. You can punish only the paramour and not your wife under adultry.  I do not know how you lead your married life with such a woman who cheats you in your absence.

 

You can file criminal case against paramour under adultry.  But you should collect the complete postal address and proper identity of the paramour and proof to show that your wife and the paramour are having s*x with each other. 

 

Relating to filing of case on your behalf, it is not possible. Atleast you have to be present in the first appearance, appoint Advocate and then take court permission to go abroad and join the job.  At the time of your evidence you should be present again. 

SAINATH DEVALLA (LEGAL CONSULTANT)     21 March 2015

There should be valid evidences against UR wife and her boyfriend having intimate relationship.I don't think the evidence U have can substantiate the case of adultery .When was UR last visit to India? Were U with UR wife during that visit? Are U sending money for their maintenance regularly? 

kilimanjaro (md)     21 March 2015

There is enough proof, like phone call record's and person stayed with her for three day's alone in house

SAINATH DEVALLA (LEGAL CONSULTANT)     21 March 2015

Can U prove that he was in UR house in UR absence? The Investigating agency or the court requires authentic proofs. phone call data is not enough, if U have recorded conversation between them,that could be of some help. At the outset U can issue a legal notice to her paramour, regarding his frequent visits to your house in your absence.Apart from that legally U have no evidences to proceed,unless they are caught. Will UR daughter testify in UR favour  if  needed.

kilimanjaro (md)     21 March 2015

Ok done This is for my sister in law, now her husband want to file an fir, we already tracked him caught and he accepted that he has had been having s*x with her for ages. Another sister in law and her husband willing to give the same statement pin court against the elder sister. It's quite obvious that this guy is going to be in trouble

T. Kalaiselvan, Advocate (Advocate)     22 March 2015

The evidences you rely upon will turn hostile once the police is investigating the complaint and you will not find your complaint converted into FIR and a criminal case.  A person sitting in Australia cannot lodge a complaint in India by a proxy.  Giving a vakalat or POA deed in favor of anyone to lodge a complaint will not suffice the legal requirement for this purpose.   Dont try to take law as per your own understanding or bend it as per your desire.


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