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rising up again (FFF)     17 January 2014

Adultery evidences...???

hi experts...

a few questions for my case.....

I have read when a man is involved with a unmarried girl, its not adultery and hence not punishable !!! right ??? 

 

also, all experts / forums says its very difficult to prove adultery... but can the following be enough proofs ?

- sms's  

- photos of casual dining / holding hands / photos on beaches etc etc ?

- Same travel dates on passports ? (If yes, how can someone prove that the two stayed in the same room ??) AND what If, it is proved that we went there for work / business etc ... can that be enough to save ourselves ?

 

Worst Case Scenario - If proved, How worse can it effect the case for a man, if he is filing for divorce ?  AND can he be punished ?  also, does adultery affects the chances of getting custody of children ?????     

 

PLEASE HELP !!!!



Learning

 27 Replies

laxmi kant joshi (instructor)     17 January 2014

1.you are right when a man knowingly indulged with a woman whom he knows that she is married to some other person and make his illicit relation with her and her husband opposes this relationship , he can file a case of adultry u/s 497ipc , it is a criminal offence which is punishable by 7 years of impressionment .2. You have to collect evidences to prove the adultry like transaction of vulgar sms, emails , videos , photos as you are saying holding hands of each other , enjoying in beach together etc..3. travelling in a same plane you can get the seat details of the passenger , cctv footage is there , staying in the same hotel you can get cctv footage , if they as per to you say they went their for a business purpose then they have to give evidences in support for that , what sort of business, which party they met , all details including result of that , minutes of meeting etc....4. Check out their call detail you will get the proof of their illicit relationship and you can prove the adultry easily , but one should have to do collecting the evidence carefully all evidence should be kept in their original form .5. if adultry proves in the court his wife can sue the case for divorce and get it easily on this ground , for custody of child it will also very tough for man to get it after he is an accused of adultry .

Mohini (housewife)     17 January 2014

Sir, is ADULTEY punishable for men only? whether this law is also on married ladies/bechlor lady when she is having any kind of affair  with men.

Need Help... (MIS-Executive)     17 January 2014

why not for women?

Adv. Chandrasekhar (Advocate)     17 January 2014

@raising up  again- in the given facts, wife cannot file criminal case against him on the ground of his adultery.  She can file divorce on the ground of adultery and the husband is also wanting to have the same, there is no problem.  But wife can revoke DV provisions and be ready for that.  She can also file S.498-A case on the ground of mental harassment, if she thinks so.

laxmi kant joshi (instructor)     17 January 2014

Yes , mohini woman can not file adultry case on men only the aggrived husband can file the adultry case against that man who has illicit relationship with her wife . adultry is not applicable on females either they are married or not or have any kind of affair with anyone .

rising up again (FFF)     17 January 2014

experts....

waiting for ur kind advice...

 

thanx

Biswanath Roy (Advocate)     17 January 2014

Matrimonial statutes regard adultery as a ground for divorce or judicial separation, and adultery in matrimonial jurisprudence is voluntary s*xual intercourse between a married person and a person of opposite s*x.  The two persons not being married to each other.  It thus follows that unless consents to the act, there can be no adultery.  The concept of adultery in Sec. 497 I.P.C  is narrower than one in matrimonial jurisprudence, But both regard a consensual s*xual intercourse outside the wedlock as adultery. In an English case on matrimonial jurisprudence the co-respondent and the wife desired and attempted to commit adultery together but the co-respondent failed to effect any penetration, the Court held no adultery has been committed.  But in one of my case which I conducted in my young life in the City Civil Court at Calcutta I could able to prove adultery by  witness evidence who had seen the Respondent wife was sleeping with the co-accused  male embracing each other and the  Dhoti of the co-accused  wrapped the body of the accused..Connivance  and consent are the two main ingredients in criminal adultery falling under Sec. 497 I.P.C. 'connivance' is the willing consent` to a conjugal offense or a culpable acquiescence in a course of conduct reasonably likely to lead to the offense of being committed ( see  STROUD'S Judicial Dictionary, vol. 1, page 580 )

Evidences to prove adultery as per Criminal Jurisprudence are :-

The prosecution is to prove - That the complainant had married a girl (b) that a  male person outside the aforesaid wed lock had s*xual intercourse  with the wife of the complainant, (c ) that such s*xual intercourse did not amount to rape i. e.,  to say that if the wife is above 16, the aforesaid s*xual intercourse was consensual.

T. Kalaiselvan, Advocate (Advocate)     17 January 2014

I think Mr Laxmi Joshi and Biswanath Roy, both have given a lengthy opinion about adultery and the legal course that follows, there is nothing more to add.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     17 January 2014

DEAR MR . QUERIST

                                     WHAT MR.BISWANATH ROY HAD OPINED IS EXACTLY CORRECT . BOTH SHARING THE SAME BED , ABOUT ONE'S CLOTHES ON THE OTHER PERSON, ALL THESE SHOULD BE PROVED BEYOND DOUBT BY WITNESSES AND THE COURT MUST BE SATISFIED ABOUT THAT . BUT AT THE SAME TIME THE HUSBAND MUST BE VERY CAREFUL AS HE SHOULD NOT HAVE ANY AFFAIR THAT CAN BE PROVED . IF THE HUSBAND SUCCEEDS IN PROVING ADULTERY THEN HE CAN GET CUSTODY OF THE CHILDREN . BUT SMS , PHOTOGRAPH AND ALL CANNOT BE TAKEN AS EVIDENCE AS THERE ARE MANY WAYS TO COMBINE THE PHOTOGRAPH OF TWO PERSONS . EVEN IN THE 1990'S PHOTOGRAPHS WERE MANIPULATED . ALL THIS SHOULD BE PROVED BY SENDING THE PHOTOS AND THE CAMERA FROM WHICH THE PHOTO WAS TAKEN TO LABORATORY TESTS FOR WHICH THE COURT SHOULD AGREE TO SEND IT . OTHERWISE THESE CANNOT BE TAKEN AS EVIDENCE FOR DIVORCE . THE COURTS WILL MOSTLY COME IN SUPPORT OF THE WOMAN . SO IT IS BETTER NOT TO BRING IN SUCH EVIDENCE FOR ADULTERY AND INSTEAD PROVE IT IN THE WAYS MR. BISWANATH ROY HAD SUGGESTED . IF THE COURT REJECTS YOUR EVIDENCE , THEN YOU ARE GIVING A CHANCE TO THE OTHER MALE PERSON TO FILE A CRIMINAL CASE ON YOU- JOSEPH WILFRED - 17/01/2014 AT 21.00 HRS 

rising up again (FFF)     17 January 2014

thanks a ton experts.. but can u plz reply to my queries..

 

you all are giving your replies which are not even around my case.. plz re-read my question and reply on the same... 

i am the one who is in an affair and have had foreign trips etc etc.. now, can she prove it by same travel dates on visa on passports etc etc ? but she wont be able to prove that we stayed in the same  room abroad.. 

and will a few pictures of us together on the beach and malls and mkts etc....can prove adultery ?

 

ALSO, if proven of a extra martial affair, will my case for custody of child be affected ????

Biswanath Roy (Advocate)     18 January 2014

 I am sorry to say my opinion is very much clear.  Which may not be  understandable to a dull headed person.  However in reply to your first question I say "NO ".  In reply to your second question I say it is doubtful because if the wife convince the Judge that you are a man of dissolute character and not a fit person to give a good teachings to your child.

N.K.Assumi (Advocate)     18 January 2014

Your Query is a kind of academic. But going by your version it can not be a ground of adultery, as mere opportunity of committing  adultery  is not an evidence of ADULTERY AND EVIDENCE MUST GO BEYOND the mere opportunity for conclusive proof. In the case reported the wife was found in a hotel room with a man holding her breast in his hands. The Court refused the theory of opportunity and held, as not sufficient proof of adultery. AIR 1982 Bom 498: ( 1983) 1DMC 141. I think you have seen the movie "Kahoona Pyar Hai" Where the couple spend some days in an island. Is that an adultery?

Biswanath Roy (Advocate)     18 January 2014

Good question but unfortunate.  To prove adultery you shall have to take help of  EVIDENCE ACT   Because, some times one may have to depend upon circumstantial evidence,so the art of presenting allegation before the court of law by utilising  circumstantial evidences could be fulfilled the significant  conception  and legal parlance of the ADULTARY.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     18 January 2014

DEAR MR . BISWANATH ROY 

                                                    WHILE REPLYING TO HIS QUERRY , I HAD THE DOUBT THAT HE IS PUTTING THIS QUESTION TO THE FORUM MEMBERS BECAUSE HE MUST HAVE LANDED IN TROUBLE . BECAUSE I AM HAVING EXPERIENCE IN THE UNION IN VARIOUS POSTS AND HOW THE EMPLOYEES WILL PUT THE BLAME ON OTHER MEMBERS AS IF THEY ARE ANGELS . I WILL JUST LISTEN TO EVERYTHING THEY ARE TELLING . ABOUT A CENTRAL BUREAU OF INVESTIGATION CASE I AM TELLING . THEN I WILL GO TO THE VIGILANCE DEPARTMENT WHERE I KNOW MOST OF THE HIGHER OFFICIALS AND THEY KNOW ME WELL BECAUSE I HAVE WORKED IN PERSONNEL DEPARTMENT AND BROUGHT OUT MANY IRREGULARITIES IN RECRUITMENT BY THE BANKING SERVICE RECRUITMENT BOARDS . THEY WILL ASK ME TO SIT BETWEEN TWO OFFICERS , NOT IN FRONT BUT ALONG WITH THEM . THEN THEY WILL KEEP THE CBI FILE OPEN AND I WILL READ OUT ALL THE STATEMENTS GIVEN BY THE EMPLOYEE , WITNESSES AND THE CONCLUSION ARRIVED AT IN THAT MATTER . THEN I WILL KNOW THAT THIS A VERY WEAK CASE AND THE EMPLOYEE WHO HAD COME FROM OTHER PLACES IS TELLING A LIE . THEY WILL ALSO TELL ME NOT TO SPOIL MY NAME . I WILL COME BACK TO THE HOTEL WHERE THE EMPLOYEE AND THE OFFICE BEARER WHO BROUGHT HIM ARE STAYING , AND PUT QUESTIONS TO HIM JUST LIKE CROSS EXAMINATION TO BRING OUT THE TRUTH WHICH I HAVE READ IN THE FILE . I WILL NOT TELL ANYBODY THAT I KNOW THE FACTS . THEN I WILL ASK HIM HAVING ADMITTED EVERYTHING AND GIVEN EVERYTHING IN WRITING , HOW DO YOU EXPECT ME TO HELP YOU OUT IN THIS MATTER . YOU CANNOT GO AGAINST WHAT YOU HAVE GIVEN IN WRITING .

                 THE QUERY PUT TO THE FORUM BY THE MEMBER IS LIKE THIS ONLY . HE IS ADMITTING EVERYTHING WHAT HE HAD DONE . HAVING WRONGED HIS WIFE AFTER MARRIAGE , HE SHOULD GO TO THOSE ADVOCATES WHO WILL HELP HIM IN SUCH MATTERS . THERE ARE MANY PERSONS LIKE THE ONES IN THE DELHI BUS RAPE CASE . HAVING MARRIED HE MUST BE FAITHFUL TO HIS WIFE . I DON'T BOTHER WHAT HE DID BEFORE MARRIAGE . BUT AFTER MARRIAGE HE / SHE SHOULD BE FAITHFUL . WILL HE ALLOW HIS WIFE IF SHE DOES THE SAME THING . - JOSEPH WILFRED - 18/01/2014 AT 20.05 HRS 




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