Legal Question in Family Law in India
Hi All, i have a issue and depending on your answers i'll contact you. Kindly advise.
The problem i have is that i am under the fear that a man would file a case of adultery against me. I would like to know how easy it is to prove the act of adultery and the punishment one can get?? The guys has no picture proof. He just has some of my messages but i can always delete my account and get a new phone number. The girl would never agree in the court that she has slept with me. Instead she wants a divorce and can shout in the court that her husband harasses her mentally and physically. However even her family's side are against her and can be witnesses supporting her husband. How would i protect myself in such a situation?? Thanks.
3 Answers from Attorneys
The complainant need to prove two things (a) your physical relationship with his wife; and (b) you knew that the girl was married to him.
The physical relationship has to be proved by clear proof of 'physical relationship' and not by any message, e-mail etc.
Only husband / wife can file adultery against the wife / husband. If sufficient proof of Adultery(Physical intercourse) is with the complainant then he can succeed. From your facts it is clear that the case of Adultery is very weak and will not succeed.
husband can file a petition for divorce by impleading you as the co respondent. however, you may rebut the allegations but if it true, it may be proved by circumstantial evidence. living in adultery and flings are different and only the former can become a cause of action.
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