Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ramchennai   17 November 2015

Wife has extramarital affairs

Dear Sir/Madam,

  I have few clarrfication, i request you to clarrfiy the below doubts,

 1.  What are the documents & proff is required to prove wife having an affaire.

 2. If I proved my wife has affaire with married man, what kind of punishment will get to my wife by the indian hindu law.

 3. By Avergage, how long will take for the judgement.

 Thank you in advance for your answers.

 

 

 

 

 

 



Learning

 10 Replies

Anil Upadhyay (Lawyer)     17 November 2015

Pictures, recordings, any other documents, witnesses, by which affair can be proved before court.

.

Thanks 

SuperHero (Manager)     18 November 2015

Originally posted by : ramchennai
Dear Sir/Madam,

  I have few clarrfication, i request you to clarrfiy the below doubts,

 1.  What are the documents & proff is required to prove wife having an affaire.

 2. If I proved my wife has affaire with married man, what kind of punishment will get to my wife by the indian hindu law.

 3. By Avergage, how long will take for the judgement.

 Thank you in advance for your answers.

 

 

 

 

 

 

7 - 8 Years......roaming around courts.

If Proven then 7 Years jail for your Wife...

Vicky (Engg)     18 November 2015

Section 497 in The Indian Penal Code
497. Adultery.—Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     19 November 2015

Difficult to prove adultery unless they are caught red handed and valid evidences made out.Photographs,emails,whatsapp,facebook,letters ect have to be proved according to their validity in ther court.

anchal666777@gmail.com   11 January 2020

prepaid number ki call details nikalwane ka process kya hai

Zeta Teresa Pereira   14 January 2020

Dear Sir,

Pictures, call details, witnesses who has seen your wife with the man she has an affair with, etc. can be used as proofs in the court. Since adultery is committed in utmost secrecy, it is difficult to prove it and can be proven only by circumstantial evidence. 

In the case of Nidhi Dalela v. Deepak Dalela [A.I.R. 2002 Raj 128), the woman was involved with a man who was a friend of her husband. She did not stop meeting the man in spite of being scoffed by her husband. On one occasion the woman was seen sitting on the rear seat of the car with the man and on another occasion was seen climbing stairs and going to a hotel with the man. The court held that all these facts prove that she had committed adultery. 

Hope this clears your doubt.

Regards,

Zeta

TGK REDDI   15 January 2020

The answer of Shri Vicky is good.    He also should have written, " Your wife can't be punished; but you can divorce."

Gender-biased outdated laws.

 

TGK REDDI   15 January 2020

The circumstances mentioned in the Answer of Shri Zeta Teresa Pereira are inadequate to prove adultery.

Wife-Complainants often come to the Courts with their hands on the shoulders of strangers.    They invariably come to Courts with proud smiles though they are wicked.

On the contrary, Husband-Accused come to Courts with bowed heads though they are innocent.

Men shouldn't marry.

TGK REDDI   15 January 2020

Not enough to think of the time taken for the pronouncement of Judgment.

First Appeal and Second Appeal are also to be kept in view.

Watched pot never boils.

It isn't over till the fat lady sings.

TGK REDDI   15 January 2020

Now I'd like to preach.

I don't hate preachers.     I hate abusers.      Experts condemn me.

Some Experts abuse.    Questioners now and then condemn them.    No Expert condemns.     Such solidarity is not uncommon.

Extra-marital s*x is the way of life to be put up with or divorce may be taken.    No law for punishing women.    I like this.

I hated the law that an adulterer has to be punished.    This law is no more now.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query