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Abhijit Kumar (IT)     10 July 2012

Adultry case outside india


Sir,
I have got lots of proof of illegal relationship between my wife with one of our coleaguge for long time from sms and email.I am currently in US, what can I do against them sir from here? do I need to go to India? pls advice...Thank, Abhijit



 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 July 2012

What is it that you seek - are you seeking a divorce from your wife ? If yes you can file for divorce on the grounds of adultery - which can be filed at the following places : i) where marriage was solemnised ii) where you last resided together as husbadn and wife, in addition to this you can also file a criminal complaint proseucting your wife's paramourr (colleague).

 

Feel free to talk !

Guest (Guest)     10 July 2012

You can file for divorce on the ground of adultery. Much would depend upon the nature of conversation which your wife had with her paramour. The courts nomally do not dissolve the marriage on the ground of adultery merely on the basis of chat messages and e-mails. Strict proof of adultery is impossible, therefore, it has to be proved by preponderance of probabilities which differs from case to case. For the criminal case, the paramour is liable to prosecution and punishment only if there is strict proof of the fact that there was a s*xual intercourse between him and your wife.

You don't need to be in India to file the case. Your lawyer can represent you in the court.

Kishtaiah (Advocate)     11 July 2012

Dear Abhijit, don't haste. Take little more time plan, if you have your assistance in India, to secure proper proof of adultery.  Coming to what u want.  Be sure.


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