Legal Question in Criminal Law in India
I am working in gulf.In Apr 09 i got married.After a week I feel suspicious about my wife's character.I searched her mail without her permission and found many indecent mails with another man.also I found a clip which was stored in her mail 1 year before in which they were nude and doing sex in a very ugly mother.i filed divorce.Can I file a case against this man for destroying my future?
5 Answers from Attorneys
If the said sexual act was committed after marriage, you can lodge a complaint against him. For acts prior to marriage you can not seek remedy from the person, but, you can mention this as a grounds of divorce.
you can talk to ur wife, may be he is blackmailing her on this ground. if she agrees and apology then you can sue him and definatly send him behind bars.
Think before any step it is your life matter.
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in case the indecent behaviour on the part of your wife and the man was caused after marriage, you can sue your wife for divorce on the grounds of adultry and implead the man as a co respondent in the petition. u can also file a criminal case against the man u/s 498 (it is not 498a, so dont get confused.) of indian penal code.
Consented sex between an adult man and woman is not an offence.
Sex by a married woman with person other than her husband without permission of husband is an offence.
Since all that had happened before marriage, there is no offence. It may not be even a good ground for divorce. You may end up in a messy situation depriving yourself of the company of your wife and suffering litigation for an unduly long time.
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