Legal Question in Family Law in India
Spouse surveillance
My wife has been going out with some one. We are living separately. That person even comes to her residence and stays there
over the weekends. I have put detectives to get me some evidence. The problem is that my wife is very intelligent. If this
detective is caught by her during the surveillance, can she call up police and lodge any complaint against that detective?
Under what provisions can she book the case and how I should prepare myself from that. Also, please tell me what all kinds of
evidence I can use in court to prove her adultery. Can the photos & videos would be enough.
3 Answers from Attorneys
Re: Spouse surveillance
First of all this is not a family court case at all instead is a case of crime.As long as you both are not divorced you have every right to live with your wife.As you both are living separately now you cannot enter her premises without her knowledge or permission.BUt if you want to prove that there is some person involved in the adultery with your wife you can lodge a complaint against the person and apprehend him redhanded.
Re: Spouse surveillance
(1) The idea of invading her privacy may not be appreciated;
(2) She will be free to protect herself from any kind of intrusion/ invasion.
(3) Your action may amount to 'cruelty' and 'domestic violence' and she may seek your criminal prosecution.
You may consider an amicable out of court settlement of all disputes.
Re: Spouse surveillance
Don't enter your wives privacy it may destroy your life . on this ground she can take legal action against you U/s 498a ipc
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