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rising up again (FFF)     06 October 2013

What if wife proves husband has an extra marital affair ?

hi all,

9 years of marriage. 6 years of seperation from wife - no physical and emotional bonding at all.  We living under regular trauma, tension, threats and everyday fights. We have never ever taken a single penny of dowry or been into violence..... but now prepared for false 498a and DV. Tried MCD but demands are too high. Now, going to courts...

My Question - Because of the desertion and living alone, i am in an affair since last 3 years which she knows about. How can she prove that i have an affair ? what all evidences would be required by her ? i know it wont be easy to prove but what can be the worst i would have to face. I know it cannot be termed as adultery as the girl is unmarried but still how can it affect the case ? can i be punished for this ??

 

 

 

 

 



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 16 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 October 2013

contact a lawyer personally you can easily bear consultation fee of a lawyer

rising up again (FFF)     06 October 2013

nadeem ji... i already have a lawyer... just wanted to take advices from experts !! lawyers sometimes do not share the real picture !!!!

Sarvesh Kumar Sharma Advocate (Advocacy)     06 October 2013

No one can prove others affair ; however if itself not admitted! In my view No need to worry!

Sarvesh Kumar Sharma Advocate (Advocacy)     06 October 2013

Not punished but keep silent don't show it!

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 October 2013

Burden of proof falls on her. She will proof to win the case.

rising up again (FFF)     06 October 2013

what if (just incase) she is able to prove it ????

 

 

 

Ranee....... (NA)     06 October 2013

In my view, 498A after separation of 6 years will not be so strong. DV may harm you if you have neglected her for this affair.Divorce/RTR and maintenance may go against you because of it.

rising up again (FFF)     06 October 2013

ranee,

How can this be proved ?? the affair started only after 3 years of desertion from her, but obviously she would prove vice-versa.... but how will she prove that she was neglected because of my affair...??

what is the worst thing i may face, if all goes against me !!!!

Ranee....... (NA)     07 October 2013

Do you have proof that your affair started after 3 years of separation?

laxmi kant joshi (instructor)     08 October 2013

If she had proved your illicit relationship with that girl then she gets a solid ground of mental harassment andcruelty upon her , and you may be charged of domestic violence.

rising up again (FFF)     08 October 2013

dear laxmikant,

my question was .... how can she prove this ?? what proofs wud have she have to have..to prove this ???  and yes... if she proves, i know...it may go against me !!! how can i get rid of this....???

 

 

 

rising up again (FFF)     08 October 2013

and also....what if i prove that since last 6 years she deserted me, hence i fell in for another girl... can i do so ???  i know how to prove it, but can u also give me tips on how to prove this ?? maybe it will help me a lot....

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 October 2013

your wife may be scientifically proved that  The s*x drive refers to the strength of s*xual motivation. Across many different studies and measures, men have been shown to have more frequent and more intense s*xual desires than women, as reflected in spontaneous thoughts about s*x, frequency and variety of s*xual fantasies, desired frequency of intercourse, desired number of partners, masturbation, liking for various s*xual practices, willingness to forego s*x, initiating versus refusing s*x, making sacrifices for s*x, and other measures.


T. Kalaiselvan, Advocate (Advocate)     11 November 2013

There is no law to punish for an offence of extra marital affairs unless it is coming under adultery that too it it has to be proved.  In your case you have been separated from your wife for more than 6 years and you state to have an affair with another female just for the past three years, thus this cannot be construed as a ground for your wife to desert you and also even if she is proving that you have an extra marital affairs with another woman, it can be concluded that it was because of her non-cohabitation as well as her unwillingness to dissolve the marriage by mutual consent that you were forced to look for the sources to satisfy your physical needs and there is nothing wrong in it unless you are not married to that lady.

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