At first you engage a reputed detective agency to find out the material truth of relation between you wife and that stranger and collect a valid report related to including photographs of both of them in an objectionable mood that can raise doubts about illicit connection of s*x.(This can be done by placing a spy camera in the bed room of your wife by the help of a purchased servant or maid servant of your wife)
Secondly, offense of Adultery comes under the purview of Sec.497 IPC which does not envisage the prosecution of the wife by the husband for adultery, the section provides expressly that the wife shall not be punishable even as an abettor.. The contemplation of law, evidently is that the wife,who is involved in an illicit relationship with another man is a victim and not the author of the crime. The offense of adultery as defined in sec.497, is considered by the Legislature as an offense against the sanctity of the matrimonial home, an act which is committed by a man, as it generally is. Therefore, those men who defile that sanctity are brought within the net of law.
In the case of adultery u/s.497 IPC it is necessary to prove that the woman with whome the accused intended to have s*xual intercourse was the wife of another man, that the accused had knowledge or had reason to believe that she was the wife of another man and that the intercourse was without the consent or connivance of the husband. First and foremost the marriage between the complainat with the lady concerned must be strictly proved. To establish the fact that the lady is the wife of a particular person, it must be proved that she has been married to that person in any one of the recognized forms of marriage or in any of the special form of marriage recognized by law or custom which governs the parties to the marriage.
