Legal Question in Family Law in India

Dear Sir,

I am a 35 year old lady and i had an affair before marriage and we talked to our parents regarding our marriage .But because of some family issue at his home the marriage doest happened and we both get married after wards to some other persons.But now we are in touch,not in an illegal way ,but through chats,calls and mails.we used to talk about our personal life and this has been known to his wife and he had told everything about us to her and she tracked all our chat ,mail and even call records and she talked to me twice and sent me a mail regarding this .

and her sister sent me a mail about the ipc section which is under this adultery.

Can you just guide me whether chatting or having sexual conversations can be considered as an adultery.or is this a punishable offence .

Help me whether this is considered as a crime in india


Asked on 6/29/16, 12:59 am

2 Answers from Attorneys
prasad patil

Dear client only chatting is not sufficient to establish adultery. To prove adultery they need to prove in court about physical relation. For any legal help call me

Adv prasad patil

9604349028

8446247807

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Answered on 6/29/16, 1:40 am

1) Clear indulgence in sexual intercourse must be proved on the part of the accused. In case, the act does not involve actual sexual intercourse and ends at the stage of preparation itself, it will not be attracted by this section. Thus, proof of sexual intercourse having taken place is vital for conviction on adultery. In the case of Kashuri v Ramaswamy, it was held that if the act of sexual intercourse could not be conclusively proved, it must be inferable from the facts and circumstances of the case.

2) Such relation though not proved shall have lot of ramifications and future problems, strongly not advisable but should be discouraged.

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Answered on 6/29/16, 2:32 am


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