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PKD (govt)     19 December 2016

Judgement on adultery 497 circumstantial evidence

I am an army officer and I have filed a case of 497 IPC against my wife's cousin brother. I have my wife's confession letters, confession recordings, the aduterer's wife's recordings that her husband had illicit relationship with my wife, their call details with over 2000 calls in a short span, report of police wherein they have cancelled 498 IPC FIR on grounds of adultery. 

The pre cahrge evidence is over and I am going for arguements on charge. 

(a) Pleae do let me know if these evidences are suffcient to prove 497 IPC. Since I do not have eye witness.

(b) Is their any judgement that circumstantial evidence in case of adultery exist in criminal case of 497 IPC also as it exists in HMA

(c) Will my evidences be considered as direct or circumstantial evidence. 

Please help

 



Learning

 14 Replies

whatnot   19 December 2016

Family court or judges are not pervert that they have see a video to establish adultery.

A witness would only corrabarate about an incidence that he/she saw them in a privacy in such and such place.

You have to prove the intent and confession letter not issued under duress will help. But her advocate will argue that your wife was threathened and hence she gave the confession.

lawweb.in is your friend and many record exists. choose the one suits your case.

 

You have a pretty strong case (evidence wise). Be patient with law and justice will be served.

 

Good luck.

The records will prove otherwise.  You have to show that there exists a continuous illicit relationship which harmed sanctum of your marriage.

 

If you wish, you can take wife of your soon-to-be ex wife's paramour and with her go to police and file a FIR as alternative. If under inerrogation he confess to his adultrous relationship, then take a certified copy of such statement and submit to strengthen your case. But submission of evidence may have gone through in your case. This will be your future back up.

 

Morover it against law to have incest relationship (check lineage of family tree of your wife) and if so you can slap additional cases on both of them and fight. If found guilty they will be jailed.

Arvind Singh Chauhan (advocate)     19 December 2016

If his wife is ready to cooperate you, produce her as witness, If evidence under 244 Cr.P.C has not been concluded. I think at the stage of charge there is enough material, as in such cases there is no direct evidence and case is usually based on circumstantial evidence.

1 Like

Sachin (N.A)     19 December 2016

Agreed with Adv. Arvind singh 


(Guest)

Dont worry everything will be fine...you have a strong case moreover you have truth by your side...stay strong!!

PKD (govt)     22 December 2016

thank u so much for your reply. As far as paramour's wife is concerned, I have her voice recordings wherein she has told me about adultery of her husband with my wife. I called her to court to prove her voice by sending her to FSL, wherein she gave a statement in court that it is her voice in the CD submitted by me. I didnt produce her as witness but only for voice examination. 


(Guest)

Produce her as witness then..it will strengthen your case for sure


(Guest)

Produce her as witness then..it will strengthen your case for sure

R Trivedi (advocate.dma@gmail.com)     24 December 2016

Paramour wife statement alone will not strengthen your case. 2000 calls in short duration also cannot strengthen. Extra judicial confession of your wife also will not be of much use, as she is not the accused. Police cannot dismiss FIR, only court can do. So your information here is incomplete or false. If you are stuck in DV or divorce proceedings with her, then it appears to be a counterblast from your side.

(Guest)

No proper circumstantial evidence.  No direct evidence too.  Your posts appear to be afterthought of cases filed on you.

If you go by this approach be ready to face some more cases, two of which will surely put you behind bars, for being unable to prove adultery allegations made by you.  Its a one way ticket.  Be very careful to tread ahead.

PKD (govt)     26 December 2016

there have been 400 calls n sms when they were in same house under same tower and all between 10pm to 6am my wife has confessed everything in writing multiple times and have her whole confession recordings. After all this we moved for mutual divorce also, so tht also proves tht what was the urgency tht she had to move for divorce and later file 498 against me. 498 has been cancelled by police and DID by court. the paramour's wife has told me in detail about it and has accepted her voice. the father in law of paramour has given statement in police tht his son in law is involved in this incestuous relation. I have video recording of father in law as well witness in front of whom he has told clearly tht his son in law is involved like this. 

Are these not enough evidence. If not then what is meant by cicumstantial evidence. 

1 Like

whatnot   26 December 2016

Usually online forums are meant to nudge you in right direction.

Most of replies to your queries is from previous expiriences and it may or mayn't be applicable in your case.

I'm sure you have a very competent lawyer and you have shared your evidence with him.

You seems to have a solid case in terms of evidence and I do believe that evidence rule is best offence a man can use in court of law.

Your narration seems to be consitent and keep approaching court for the justice.

You may approach High court lawyer and seek his opinion.

 

It is true adultery is dificult in earlier days as families were not into spying. But times have changed. So it may be becoming easier.

Please do update once your have the decree.

All the best

Happy New year

2 Like

Sachin (N.A)     26 December 2016

Whatnot is right.

No one can deny that you have a strong case, it is also true that it is very rare to have direct evidence in case of adultry, you should engage an efficiant lawyer and proceed further.

PKD (govt)     10 February 2017

Charges have been framed in my case. going ahead with conviction evidence now. 


(Guest)

Congrats...its a big victory but fight ahead is more challenging........


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