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Ajay   19 February 2018

Wife's rights in an adultery investigation?

When a police complaint and court case is filed in an adultery allegation by a husband against the alleged paramour of wife, what is the investigation procedure? - Can the wife completely stay out of the case by refusing to cooperate in investigation? - Does wife have to face police or courts? Can she avoid those.


 7 Replies

Ms.Usha Kapoor (CEO)     19 February 2018

Only the man who committed adultery with a married woman would be prosecuted and punished for adultery.and not the woman. who partcipated in adultery.The married woman who committed  adultery with a married man can avoid police and courts and investigation.

agreed to revisit the penal code that only punishes men, not women, for adulteryNew Delhi:  Women can't be prosecuted for adultery in India but this could change. The Supreme Court today agreed to revisit the 19th century criminal law that provides for punishing only men, and not women, for adultery.

Vijay Raj Mahajan (Advocate)     19 February 2018

Yes wife can refuse to admit adultery with man other than her husband in court and before police. This will help the accused in criminal prosecution as well the wife from divorce proceeding filed by her husband. Neither court nor police can force wife to admit adultery. You approach to file adultery prosecution against the paramour is wrong, rather on the basis of the evidence of adultery you should have made wife to agree for divorce by mutual consent and withdrawal of all criminal matters filled against you.

TGK REDDI   19 February 2018

First of all I don't like the paramour to be either sued or prosecuted.     But law allows both.

The typical question raised by you is whether the wife can avoid court and police.      I regret I can't lay down the law.

I think she should testify when summoned by court.

vinay_2431 (engineer)     20 February 2018

Hypothetically if you have kids, One way to prove may be , to get the DNA tests of kids and prove he is not yours, thats the best way ,hope experts [TGK REDDI,Adv Kamakshi, and Vijay Raj Mahajan and Ms Kapoor ] agree on this,please advise

Thanks,

Vinay.

TGK REDDI   20 February 2018

Shri Vinay

Dear Sir

Your Reply is quite nice.

The procedure suggested by you may help the woman avoid court proceedings.

Regards

Yours faithfully

TGK REDDI

Adv Radhika Mehta (Advocate)     20 February 2018

Originally posted by : vinay_2431
Hypothetically if you have kids, One way to prove may be , to get the DNA tests of kids and prove he is not yours, thats the best way ,hope experts [TGK REDDI,Adv Kamakshi, and Vijay Raj Mahajan and Ms Kapoor ] agree on this,please advise

Thanks,

Vinay.

Yes but on the other hand if it is proved that the children are yours and you falsely suspected your wife, thats cruelty and your wife gets the ground for Divorce not you. 

TGK REDDI   20 February 2018

We're making so much research about his kids.     He hasn't said he had kids.     Let's ascertain this first.


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