Sabir Kotkar 18 December 2020

Husband can file fir against wife lover

I am going through stress and the unknown situation regarding my wife left home without reason and not returning, not answering calls by her and not by her any family members After checking her call history from mobile operator reports, I found one number which has daily frequent calls since last 3 months in absence of me in house. Number location is a nearby village where her father's house. Can I file FIR against that person who is frequently calling my wife and to issue a statement from him that what's relationship is ongoing? Please reply.

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4 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 18 December 2020

Hello,

You can file a complaint against both but you should have concrete proof that your wife is having an extramarital affair with another person.

Sabir Kotkar 18 December 2020

that person also married man. And I shocked to see the call records as she his not returning without any reason. I want to investigate the issue with the help of legal/ police. I want statement of that person Regarding relationship.

Samayeta Bal 18 December 2020

Hello there,

You can go through the below article in order to get answers to all your queries regarding the issue that you are facing.

https://www.lawyersclubindia.com/articles/section-497-adultery-of-the-indian-penal-code-the-myth-and-the-reality-4876.asp

I hope I could help.

With regards,

Samayeta Bal

Pradipta Nath (Advocate) 18 December 2020

You cannot lodge FIR against the person who was calling your wife. But better you file a complaint before the police or magistrate for disturbing your household peace. In case you have strong evidence of her extra marital affairs you can file divorce.