Legal Question in Family Law in India
Hello Experts of law
I was involved in a an affair with my partner. I am married, and what ever got into us, we had a emotional and sexual affair. I was not ready to leave my husband and as we have a daughter. I am 42 and my partner 29.
we had made photographs and videos of our sexual activity at various places. these were in laptop of mine and my partner. Now by some reason these have gone into the hands of my husband.
to stop him from using those as evidence to get a divorce, I have filed a dowry harassment under 498A and kidnap of child against my husband, though its not the case.
my husband is ready for MCD, and wants to keep the child.,
at the police station when I had filed the case, my husband was called and the child was also produced.
upon being asked, daughter said she wanted to stay with the Father., so the Investigating office and to the child welfare office. daughter was sent with the father.
Now as I have not withdrawn my complaint, we fear my husband may file a case under 497 against me and him.
my question is
1. are the photos and videos accepted as proof of our extra-marital affair (can send couple of photos if needed)
2. what is the penalty under 497, for me and for him
3. what are our (mine and his) options with respect to avoid cases and being penalized for our affair.
4. what will happen to the child ?, who will get the assets that i and my husband have in joint.
Looking forward to your expert guidance.
Regards,
1 Answer from Attorneys
Dear client if yr husband file case of adultery against u and yr partner and case proved in court then yr partner will punished for 5 years jail. If u go for mutual divorce then may yr husband will not file case of adultery. For any legal help call me
Adv Prasad Patil
9604349028
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