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Extra Martial affairs issue what to do


21-Apr-2023 (In Criminal Law)
Dear sir, One of my friends have an affair with a lady since last 15 yrs now her husband records all call details and what's up msgs through a detective agency and now husband and wife both are threatening my friend to file a case against him which can cost his job too,but relationship was started by that lady she send him lots of msgs,pics and videos too.kindly suggest.Is my friend only guilty?
Answers (2)

Answer #1
786 votes
As per Indian laws, a person who has sexual intercourse with someone`s wife (even if it is with her consent) can be booked under Section 497 of the IPC, 1860 i.e. for adultery, The complaint can be filed by the husband of the wife and as per a judgment of Supreme Court, charges for adultery cannot be pressed against the wife.

In so far the material collected by the detective agency is concerned, the same has no evidentiary value unless the detective himself gives an affidavit that is compliant with Section 65B of the Evidence Act. However, if the husband of the lady registers a complaint, investigation can certainly start against your friend.
Answer #2
691 votes
The law on adultry is biased in the favour of women so howsoever sad it may be, the fact is that in law your friend alone is guilty. The way out is to try and reach an agreement with the husband to not file a case. You should try to make the photographs disappear, if there are any.

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