1.Hi all, I m Major PK. I have filed a complaint of 497 IPC (adultery) against wife's paramour. My wife has confessed her adulterous relationship by guilt notes as well as during her conversations which I have recorded. The case is at Pre Charge stage.
2. During arguements the accused lawyer took plea of section 30 and section 122 Evidence Act. That the confession made in writing can not admissible against the paramour because my wife is not co-accused (Though I have made her accused no-2 in my complaint but court only summoned the paramour as per defn of 497 IPC)
3. Second arguement was regarding her confession audio, where in the defence counsel submitted that this is conversation between husband and wife and can not be admissible under section 122 E.A. being privilege conversation.
Can you please sugggest if section 30 and section 122 is applicable in case of adultery by wife and her own confession in criminal case against paramour.