Burden of proof is upon wife to prove allegations of adultery
deny all allegations of adultery
you will not go to jail merely because of allegations made by wife
Adultery
Once somehow in google photos app, a photo seem to have popped up in my mobile as a "memory". That photo, as alleged by my wife, seems to have a picture of me along with another lady. This photo was supposedly noticed by my wife a month ago, however without disclosing that photo to me and enquiring about that photo, she has kept that photo secret and had shared to their family members and bluntly accusing me of having another affair. Till date, my wife has not disclosed that photo to me. So till date, I don't actually know what picture that she's talking about. My wife, her family and few of her relatives are now accusing me of having an extra martial affair and are I'll treating me and my parents. This has caused a severe mental agony to me and my parents. Moreover she and her family are blackmailing me and my parents by saying that they will reveal the picture at the right time and produce the same to my office management and threatening to spoil my reputation, all the while not revealing the picture to me or my parents till date. How to handle such situation? If she makes a complaint to women's police station and accuse me of cheating, how can I handle such allegations? Whether her complaint will land me in jail? Whether that photo that she is supposed to be possessing is alone enough for filing an FIR against me? If not, what other evidences does she has to produce that can put me in trouble? Kindly guide dear sirs. Me and my family are undergoing mental harrassment because of this problem. Thanku sirs.
Asked 10 months ago in Family Law
Religion: Hindu
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16 Answers
Even presuming you to be in an adulterous life or having an extra marital affairs with another female, that is absolutely you life, your own desire and choice to which she cannot take legal action against you other than filing a divorce case on the grounds of cruelty citing the same as reason for cruelty.
The police will not entertain her complaint in this regard.
You wait for her to take any action against you to enable you to give a of counter attack to her allegations hence you cannot take any action against her at least now
She can’t file any FIR for adultery it’s not a criminal offence
Try to settle home before doing something outside.
If your home is broken then there is no point in thinking about police case unless and until it actually happens.
For having a photo with another lady there is no provision in law to have you criminally prosecuted.
Therefore, have a meeting of all the family members and decide whether she wants to live with you or not.
If yes then reconcile peacefully. otherwise go for mutual divorce.
Her conduct sof ar does not make it look like she is interested to carry on with this marriage any more.
It is mind game. The more you get affected it, the more they will succeed. Adultery is no more a crime. No complaint can be made for adultery. She can file criminal/civil cases on other grounds under law available to wife. The photo is of no consequences, had it been so by now they could have made it pubic. Just ignore them. Keep cool. This will be proper reply to them.
- As per law , adultery only can be a ground for divorce , and nothing more
- She cannot take any criminal action against you for the said photo even you having a relation with that lady , except your wife can file divorce petition on the ground of adultery.
- Further, only a photo without any other physical proof of having relation with another woman is not enough to prove the allegation
- Don't worry she cannot take any legal action against you only on the ground of a photo
- You can file a complaint before the police as information for maligning your image in the society and to defame , and threatened for implicating in false case.
Dear Client,
Your case is one of false adultery, mental harassment, and blackmailcharges, having legal as well aspersonal consequences. Here is how you should handle this situation effectively:
1. Understanding the Legal Position on Adultery
Adultery (Section 497 IPC) is no longer a criminal offense in India according tothe Supreme Court's 2018 decision in Joseph Shine v. Union of India.
Adultery can, however, be made a ground for divorce under the Hindu Marriage Act, 1955 (Section 13(1)(i)).
No criminal case or jail sentence can be framed on a charge of adultery alone, unless coupled with other false charges.
2. Can a Single Photo Lead to an FIR or Criminal Case?
No, a photo alone is not sufficient proof to prove an extra-marital affair or adultery in a court of law.
To initiate a criminal case (e.g.,cheating under Section 420 IPC or mental cruelty under Section 498A IPC), your wife would need sufficientevidence, such as:
Eyewitness account establishing an extramarital affair.
Call records, messages, emails, or chats establishing a continued affair.
Financial transactions establishingmaintenance/support to another woman.
Since she has not even shown you the photo yet, it strongly suggests she is using this as blackmailing material andnot that she has proof.
3. What to Do If She Goes to a Women's Police Station and Files a Complaint?
If summoned by the police, do not be alarmed. Instead, do the following:
Take the counsel of a lawyer immediately before appearing for any inquiry.
Ask to view the said photo and evidence in writing before giving any statement.
Refuse any oral interrogation politely and demand all communication to be done in writing.
If necessary, file a counter-complaint for false accusations and blackmail (see next section).
4. How to Protect Yourself from Blackmail & Mental Harassment?
Send Legal Notice to Your Wife & Her Relatives
Hold them liable for mental harassment, defamation (Sections 499 & 500 IPC), and blackmail (Section 383 IPC).
Request them to immediately stop making false accusations and produceevidence or stop defaming you.
File Police Complaint for Mental Harassment & Blackmail
If threats persist, file a complaint at your police station under Sections 383, 503, and 506 IPC (criminal intimidation and blackmail).
Inform the police that your wife and her relatives are making unsubstantiated accusations with a view to defame and harass you.
5. Protect Your Workplace Reputation
If your wife threatens to approach your employer, send an advance written notice to HR, informing them that false accusations are being made against you as part of a domesticdispute.
Request HR to keep it confidential and not act on any unproved accusations.
mere photo does not prove adultery in absence of direct evidence. There is no reason to tolerate non sense ill treatment of wife and her family. File divorce case on ground of cruelty and false accusation. In case of adultery wife has to prove as with whom you had committed adultery with proof and also detail of person. Be firm. If required consult with detail.
At this stage don't speculate too much and waste your energy.
If she files a complaint with the photo, there are ways to defend.
Unless she files a police complaint or case in the court, don't worry.
G.Rajaganapathy
Advocate
High Court of Madras
Dear Sir,
First of all, you are suggested to be mentally bold and courageous enough to face the things. If the said allegations are true, she must have disclosed the said photo. Now, you take a bold stand to say that you have no such extra martial affair and they are simply black mailing for money and harrassing you. In the era of compueters and AI, any wrong can be done and they are doing this to defame and extort you.
Dear Sirs, In continuation to the above, my wife had arranged a gathering of her and our relatives to accuse me/our family of the following. 1. Torturing her 2. Cheated her to get the marriage done (don't know how she means it) 3. Haven't done anything to her till date (again, don't know in what way she means it) 4. That I am having affair with some other woman. But when I asked her to give these accusations in writing, she is refusing to do so. However as she was just simply accusing me for argument sake, we had strongly countered all her accusations during that gathering. Then it occurred to me that may be she and her family might have lied and cheated us by projecting that she had completed two degrees i.e.Diploma & B.Com, when infact she hadn't. As I grew suspicious, I started to ask her about her certificates and requested her to bring at least a copy of the certificates, let alone the originals. However she and her father are straight away avoiding this point and are making silly excuses to avoid providing the copy of her certificates. This has been going on for over a month, and still they haven't shared/disclosed any information about her certificates. In this background, if at all my wife and her family had lied to us about her educational qualifications, whether this point is enough for me to accuse them of lying and cheating? If so, whether there is sufficient ground on this matter so that I can file a divorce case based on this fact alone? Kindly provide your views sirs. Thank you.
Asked 9 months ago
Yes it’s sufficient for ground of cruelty
1) File for divorce on grounds of mental cruelty
2) wife accusing husband of having extra Mari rial affair amounts to mental cruelty
3) wife making fakes allegations of torture amounts to mental cruelty
4) wife having lied of her educational qualifications ,cheated husband is mental cruelty
- Lying about educational qualifications is not a valid ground for seeking divorce .
- False allegations of having affair with other woman, conduct of wife causing disgrace to husband, accusing husband of being characterless, alleging extramarital affair by husband amounts of mental cruelty and valid grounds for seeking divorce.
Hiding the details of her education is not a material fact that can affect the marriage.
Educational qualification is not a criteria for marriage hence the suppression of facts in this regards is not a serious issue especially it will not support your plea of cheating neither it will be a ground for divorce, so don't take any decision in haste in this regard.
If you feel that it will be no more possible to continue the marriage under this present condition, you may file divorce case on the grounds of mental cruelty by pleading the actual mental stress that they caused to you, namely false accusation of adultery, and cheating and threats to file criminal cases are some of the grounds for establishing mental cruelty.
- As per law , if the spouse or her/his family members conceal any truth facts or lie at the time of marriage then it can be a ground for declaring the marriage as null and void.
- If she has given false information about her qualification then ti can be a ground to cancel the marriage.
- You should firstly collect the correct facts about her qualification then only you can challenge her qualification and file a declaration suit before the family Court for declaring the marriage as null and void.
