Hello,

In order to lodge an FIR for adultery the evidences that have been clinched by you are enough.

Record such statements wherein he is admitting his guilt.

Please approach the police at the earliest and do not make unnecessary delays.

Regards

Evidences that can establish that they had sexual relationship like there chats, hotel bills( if any ), photis, there call recording and call records further in your case they have accepted it before you and you have proof that effect. Any proof where in it can be established that they had relationship and which was sexual that can be used as evidence.

File an FIR agaisnt the cousin under 497 ipc and the police shall further investigate in the matter and provide the IO with these evidences so that van be recorded in charge sheet and can be presented before the court. The boy will only be charged in case of Adultry .

Also you can seek a divorce on ground of Adultry if you want to from your wife under hindu marriage act section 13.

1) file case against your cousin under section 497 of IPC

2) audio recordings are admissible in evidence

3) cousin and wife confession would be sufficient to implicate your cousin

4) also file for divorce on grounds of adultery . make cousin co respondent in the case

You can lodge a FIR u/s 497 Ipc and show all the proof and evidence , voice recording shall be transcribed in written form.

And other evidences in electronic media.

Adultery as per Section 497 IPC means "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years or with fine or with both. In such case the wife shall not be punishable as an abettor."

With the proof which is with you (audio recordings, any other document proof), you can lodge case against him.

1. If your wife is repentant about her misdeeds and is ready to reform herself then with all sincerity and vigour then i would suggest you to condone her and lead a normal martial life.

2. However you can nevertheless file case of adultery against the cousin under section 497 IPC.

3. Since that case is likely to give rise to scandalous rumours among your relatives and friend circle then it is better avoided, more so, if you have condoned your wife.

4. So take decision carefully taking into account long terms consequences.

Dear Client,

Case of adultery is made out against him, and also, on the ground of Adultery, divorce to wife. She also lost any claim /maintenance.

All these recording are cogent proof, keep that mobile intact in which recording is saved as prime mode of securing evidence/recording. Make copy of it to provide police/court while investigation/trial.

Rest, as much evidence like, visual if any have than more better.

Defiantly the evidence of recording will not be admissible in the Court and it will be very difficult to prove that every by the wife and your cousin can you stop taking this matter in the court which is going to create problem in your life if you wish and if you can trust your wife again you may forgive her for the mistake if you find any other instances better to go for the divorce as the relation is not trust worthy.

If he has admitted his adulterous relationship with your wife, you have sufficient basis to lodge a FIR against him under sec. 494 IPC.

Besides, you already have their voice recordings etc., which demonstrate that your wife and him were in an adulterous relationship. Handover all the evidences which you have to the Police so that they may investigate the matter further after lodging of the FIR.

Please file for divorce in this case that will be best available options if you have their confessions and recordings that will.be sufficient to file for divorce under ground of adultery.

On other hand you can lodge police complaint but it may not be of much help since it is a bailable offence. If police doesn't.take any steps you may need to approach with private complaint under section 200 crpc.

1) If you don't want to leave your wife and stay with her, than you can book adultery case against your cousin under section 497 of IPC, and he will be punished against his offence.

2) If you want to give divorce to your wife than book against her adultery case as per the Hindu Law.

3) Its totally depends upon you against whom do you have to make complaints. Wife or Cousin.

1. You can lodge police complaint based on the evidence you already have in the form of audio recording.

2. However, you shall have to take steps very carefully since it is a very delicate issue and your said complaint will expose the matter to the public which might ruin your social and personal life.

3. It might be that the said incidences have taken impulsively and may not recur.

4. However, if you decide to lodge the police complaint, you can do so and if police refuse to register FIR against your cousin, file a Writ Petition against police inaction praying for a direction upon police to register FIR, investigate and act as per law based on your said complaint.

The phone call recordings are not sufficient to lodge any criminal complaint against him for the offences of adultery

The criminal action shall be restricted to him alone under section 497 IPC.

She cannot be punished or any criminal complaint is maintainable against her for adultery.

If you dont like to continue the married life with her anymore then you can file divorce on the grounds of mental cruelty due to her adulterous life.

Hi

You have sufficient evidences.

Go ahead with a police complaint and ask your wife to give her statement in your favour if she want to continue the relationship with you.

Thank You

You can file a case against him. But eventually it will indulge your wife in it. It is difficult to prove adultery in court. You need to prove the said recording in court. Your wife may become hostile in the court.