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warrior (Personal)     29 May 2012

Wife caught, what sections i can use as counter cases?

Dear Law Experts,

I need Law Expertise advise as my lawyer  wants to send legal notice to wife and her boyfriend and give a week time and then file counter cases if they do not reply/reply. Is it correct way of filing cases? wife already filed 498A/DV/MC125 and sent me to Jail for 10 days.
I have emails as an evidences about wife's love affair so I wanted to file counter case against my Wife/Boyfriend under below sections.

1) Adultery IPC 497 -  Since in the emails they are expressing love to each other it leads to cruelty but not 100% adultery. Does mare emails about their love affair withstand IPC-497 (Adultery) ?

2) IPC 417– Punishment for cheating.
Is this applicable in my case as my wife has been cheating me in marriage, per my lawyer IPC-420 is not applicable in this situation. Please guide me to make a strong case against OP party and screw them up tightly.

3) Section 504. Intentional insult with intent to provoke breach of the peace.

4) Section 506. Punishment for criminal intimidation

I am in need  of help to prepare this case strongly , this will happen only with the help of you guys.



 11 Replies

warrior (Personal)     30 May 2012

any thoughts on what grounds/sections I should fight with wife?



Meet and convience the boy to accept the relation in court, collect all evidence.

warrior (Personal)     30 May 2012

Convencing her BF does not yeald good results.

I gave my wife 1 year to say sorry personally then I wanted to take her back, but she is reluctent to accept her mistakes as she has upper hand through 498A and DV cases.

Someone advised me to file IPC-498 without "A" this section suits my situation, please advise.
Please advise more sections which are suitable in my situation.



Ratnesh kumar (Advocate)     30 May 2012

you should file case under 497 and 406 that is a criminal breach of trust and it is a non bailable section by this u can make her disturb.

warrior (Personal)     30 May 2012

Dear Ratnesh,

Thanks for the information.

Under IPC-497 it is asking for  the proof of adultry but I only have emails as proof, does it withstand in the court?

IPC-406 does fit in this situation ...



Ratnesh kumar (Advocate)     30 May 2012

email can be presented as a circumstancial evidence and 406 is crimnal breach of trust and since she is your wife and doing adultery is a breach of trust.

warrior (Personal)     30 May 2012

Thanks for the information.

as per the evidence act email is considered as primary evidence as long as it is authinticated in forensic lab.

I feel I have good evidence but I am not able to file make wife and her boyfriend run aboud the courts.



Take call detail of her num. By RTI, IT WILL BE DELETED BY OPERATOR OF 1year. Give application to concern operator not to delet that. Hurry it.

Devesh A. Bhatia (Advocate)     16 June 2012

File a divorce petition on the grounds of adultry. You may have sufficient circumstantial evidence to prove the affair. Then approach the court to quash 498a fir

jaykumtekar (Legal Advisor)     16 June 2012

I think in criminal trial wife cannot be tried for adultry.  Only a male can be tried for adultery

498_final stage (Professional)     29 July 2016

What specific proofs are needed to proove Boy Friend's adultry? I have whats app messages. What other information is needed? I am suspecting they went to the Hotel also. In case I get CCTV footage that they are going in the same room (but dont have recording of what happened) in the room... is it a sufficient evidence to get the Man behind the bars for 5 years in 497 IPC?

How do you define perfect evidences for conviction in 497 IPC against the man?


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