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PKD (govt)     04 October 2014

Adultery with cousin brother

Dear members, 

my wife has committed adultery with her cousin brother. I have following evidences in this support:

(a) her two handwritten guilt notes where she has clearly admitted that she had s*xual relation with her cousin. --She says I obtained it by force.

(b) her call details provided by police..where there are 2300 calls+sms between them (mostly at odd hours) in a span of 7-8 months.

(c) Her voice recordings where she has confessed everything in front and i secretly recorded on my mobile.---She says I obtained it by force.

(d) Multiple voice recordings of her bhabhi(aduterer's wife) where she is telling me about the illicit relation between her husband and my wife. But she has backed off now and will not come to court in my favour. I only have her telephone recordings but these are very clear and direct.

(e) Voice and video recordings of adulterer's Father in law who is accepting illicit relation between adulterer and my wife.

(f) Mutual divorce first motion between me and my wife..where she withdrew her consent in second motion and filed 498 A FIR on me. -- -She says I obtained her signatures on mutual divorce by force.

(g) Cancellation report of FIR under sec 498A by police in the court where police also pointing towards adultery but not clearly.

I  have filed divorce under adultery and cruelty. and also 497 IPC against her cousin in which the summoning is likely to be done in some time.

Are these evidences enough to prove adultery?

Will I be able to convict her brother in 497 IPC?

How much will it take for me to get divorce from her based on above evidences?



Learning

 4 Replies

Tajobsindia (Senior Partner )     05 October 2014

@ Author,



1. 
In my opinion Civil Divorce based on adultery of wife you can get as suggested evidences mentioned in your brief are enough. 

2. However, without tampering; voice recordings, original media materials in which different voices and SMS messages captured should be submitted for forensic examination along with voice samples of accused and witnesses as per Evidence Act to seek a close and shut criminal conviction of the male accused person eventually. 

3. These are all time consuming proceedings, both civil as well as under criminal laws. 

4. Constantly be in touch with your local hired advocate.

 

[Last reply]  

T. Kalaiselvan, Advocate (Advocate)     09 October 2014

With the substantial evidences in your possession, in my opinion, you can go ahead with both the divorce case as well as 497 case  except for the fact that you have to secure the evidence until it is being produced before the court during the time when you adduce your evidence.  Be in touch with your lawyer always.

AJAY SINGH (XYZ)     09 October 2014

Also, there is some recent Supreme court judgement which says that CDR is necessary with Voice recording to prove it.. So you may arrange for CDR through help of police/court...

Adv k . mahesh (advocate)     10 October 2014

thus the mcd is dismissed or not 

because try to discuss and settle the issue as you have valid proof of her adultery but here you are roaming through the courts rooms and she finally coming and saying by force 

if you have time and to punish her then firmly you can fight with all the evidences but you should have patience 


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