ramesh (p) 08 November 2010

Adultery

Hi,

This is regarding one of my friend, he is in trouble can any one suggest how to deal with this?

Problem

He is having a relationship with one of his old friend who is fighting for divorce with her husband. Husband has been charged with Domestic harrasement case and the case is going on in the court past 8 months. My friend has been meeting her and also going out with her. He has been talking over the phone more then 4 times a day with lot of messages being exchanged and do call her at odd hours (in the middle of night or early morning). Her husband is having all the proofs (messages, call records, photo graphs being together while they are boarding a car or so). Now my friends wife has been getting calls from her husband asking her to lodge a complaint aganist that lady. Also telling her that very shortly summons will be sent to her and her husband to attend the court proceedings. All this are creating unnecessary tension in his family. Now he is not having any contacts with her but....

We want to know:

1. Based on the available proof will the lady get a divorce and also loose the custody of childeren?

2. Will my friend be held as guilty?

3. If guilty under what circumstance he will be and will it be punishable act?

4. Will my friend need to take any necessary steps on this?

5. Will be charged with Adultery under criminal case?

6. Finally, how to get out of this and any good lawyers reference in bangalore who can handle this case?

Regards,

Ramesh

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4 Replies

R.Ramachandran (Advocate) 08 November 2010

Ask / advice your friend to be more careful. He can be just friends with the lady in question nothing wrong. But calling her at odd hours etc., and going out with her etc., will certainly land him in problem - both from the husband of the lady as also from the lady also (not to speak of the trouble that he would be facing in his own family!).

If the husband of the lady files a criminal complaint of 'adultery' your friend will be in deep trouble, especially with the kind of proof which you are saying that the husband has.

ASK YOUR FRIEND TO STOP ALL THE UNWANTED ACTIVITIES WITH THE LADY - THE MATTER WILL COME TO AN END AND THE DIFFICULTIES CAN BE AVOIDED - OTHERWISE NOT.

Avnish Kaur (Consultant) 08 November 2010

her husband can ask for divorce on basis of adultery , yes he can file a criminal case against your friend but in the end your friend cannot be prosecuted unless he can prove they have s*xual relationship by proofs beyond doubt.

ramesh (p) 08 November 2010

Dear Ramachandran,

Thank you for your guidance. Now my friend is not having any kind of contacts with the lady. Yet will it be still problem to him?

What if the husband of that lady lodge "Adultery" case aganist my friend? What should be course of action? More over that lady's husband has been lodged with "Domestic violence case" - will it still be possible for him to lodge a case?

Please let me know next course of action or on how to safe guard my friend.

R.Ramachandran (Advocate) 08 November 2010

Dear Mr. Ramesh,

Now you friend has just to wait and watch. If any action is taken then at that time let us see. There is no point in speculating at this juncture. BUT YOUR FRIEND SHOULD BE CAREFUL NOT TO STRAY - AND HE SHOULD MAINTAIN HIS OWN FAMILY NOW.