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Rajat (Director)     10 June 2014

Adultery charge

Hi I have a peculiar problem. A woman colleague and I used to have extended conversations at "odd hours" some time back. There was nothing unprofessional about our talk. We are both media persons. Her husband who is unemployed and a waster, began to suspect we were having an extra marital relationship. One day he beat her up with his shoe. After that she left the house and went to her father's house and there was no more communication between us. Later I was surprised to get a summons from court as co-respondent in a divorce petition filed by the husband against the woman alleging adultery and naming me as the paramour. The petition needless to say was full of wild and crazy allegations. My wife is willing to depose in court that there was no foul play in our relationship and that she was aware of the telephone conversations that went on between us and that I never met the woman in her absence. My question is --would the phone call records outweigh my wife's deposition?


 14 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 June 2014

If court is needed the voice record. Court can get voice record text papers for prima facie evidence in the court. But it will not comes under adultery charge.

Laxmi Kant Joshi (Advocate )     10 June 2014

To prove adultry in the court is a very tough task it's not so easy , mere talking alone or making telephonic conversation doen't comes under the definition of adultry , don't worry engage a lawyer for your case his allegation will not stand anywhere and the petition will be dismissed in the court .

nisha (student)     10 June 2014

Dont worry .U r on right track,phone call records will not overweight yr wife's depositions.It has to be proved through either by

1)Direct Evidence -Witness, a picture or some other proof that clearly shows the adultery

2)Circumstantial Evidence:This information must show that your colleague had the opportunity and the interest to have a s*xual relationship with you and all this has to be reasonable.Your wife's statement will help you to opposite the false circumstantial evidences of the petitioner.

And ask your colleague to add a prayer in petition for  "divorce on false charges of adultery and cruety ", if she wants to get rid of her husband.

Kapil Gupta (Advocate)     10 June 2014

Your wife's statement will protect you like a shield.

Gautam Kapoor (IT professional Studying Law)     11 June 2014

well ,professional extended talk although at "odd hours"  OR his crazy and wild allegations both unfortunately need to be proved by the "waster".

In my view if the professional extended talk although at "odd hours" would have been avoided, the situation would not have risen and you would also have given your wife your quality home time.

Adultery as per your query is not  meted out  and you can take recluse if your wife is behind you 

Rajat (Director)     11 June 2014

Thanks. But I am intrigued why the family court judge asked Airtel and Vodaphone to submit detail call records without the petitioner even asking for it. Of course he has kept the records in a sealed cover in the file noting it should not be opened without his consent. Does this not show the judge is being pro-active and harbouring a bias? What are my rights to privacy even if the case is dismissed? Please advise.

Gautam Kapoor (IT professional Studying Law)     11 June 2014

well the court would have  ordered it for justice not going by mere intrigue,court never goes by intrigue..if you stand by your professional extended talk.. why do you worry ?

You only need to worry if your talk never extended beyond the ethical lines via SMS messages which can only be proved if the SMS messages sent are not more than 7 months old.. depending upon the service provider.

God Bless.

Rajat (Director)     11 June 2014

Gautam, first of all you need to know that it is technically impossible to get transcriptts of SMS. And cell phone providers keep records for a maximum of six months, not seven months. You have misunderstood my question. The judge should have had a prayer in front of him from the petitioner (husband) for calling the records, right? There was none. Yet the judge ordered it --of course apparently for his eyes only. Regardless whether I am guilty or not, what explains his eagerness? Is this ethical?I have admitted that I have made calls at hours deemed by narrow minded people as "odd". Now, if the Judge makes this list public even after dismissing the case, the petitioner will go around slandering his estranged wife and me of "dal mein kuch kala hain" and provoke a lot of nudge-nudge-wink-wink. Got it?

Gautam Kapoor (IT professional Studying Law)     11 June 2014

well as I have said the judge does not do this out of his eagerness,inquisitiveness or out of his intriguity.Ethical or unethical can only be proved by the materials before him.As I have said if the transcriptts are indeed professional  you need not even have to worry whether they are 6 or 7 months old.

Gautam Kapoor (IT professional Studying Law)     11 June 2014

also you need to tell us out of you "broad mind" what is odd timing and what is not

Gautam Kapoor (IT professional Studying Law)     11 June 2014

also let the judge decide seeing the merits of the case  ki " agar dal mein kuch kala hain "  ya  "daal hi kaala hain"

if your conscience is clear and you have not done any wrong you can file a defamation case on the "waster"

take the chill pill if you have not done any wrong.

Kau_m (professional)     11 June 2014

Hmmm.... "Daal mei kuch kala zahroor hai" or not

 It seems you are trying an alibi in your wife, for odd hour calls, for 6-7 months. All said is fine, now let us assume that the "odd hour" colleague has a lot of proof, dont think anybody's claim would come in your support.

Rightly said earlier - judges dont ask additional evidence for fun.

Gautam Kapoor (IT professional Studying Law)     11 June 2014


Gautam Kapoor (IT professional Studying Law)     14 June 2014

senior managers will be fired if they directed our "director" to make make extended  "odd" hour calls to the poor "waster" wife. 

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