Seek advice on grounds of adultery and abetment for suicide Seek advice on grounds of adultery and abetment for suicide

This is regarding my friend who is facing trust issues in his marital life.

After almost 6 years of marriage, they were living happily although often he had to hear that his wife was "not happy" and "fulfilled" sexually in the marriage. Still he took care of the marriage, his wife as an ideal husband, fulfilling all her wishes. He is working in a reputed firm and she is a housewife. Recently, he found a condom in her purse which was a surprise & shock as he never used it for years. While questioning her, she couldn't come up with a proper answer and said "you don't remember we went to a medical store & had to take it due to change issues"!

Since the incident, he has lost faith on her and have stopped having any physical intimacy. She keeps asking for sex time to time but given the shock he has received, he is unable to commit to it. He doesn't want to end the relationship, want to give it one more chance hence have assured her that he needs some time to get out of this shock and that she gives him the space he needs right now.

Parallelly, he has also found her chatting with one of her "close" friend for hours during the day & night but not sure whether she had any sexual relationship with this friend outside marriage.

Hence given the above situation, he needs advice on below points:

a) if his wife didn't have any sexual relationship outside marriage but is proven that she loves the person & may like to remarry after getting divorce from him, will it be an act of adultery (on wife's part)?

b) from now till the time he decides for mutual divorce after keeping physical distance from her for months, he doubts she might commit suicide and her family may charge him for the same. Is there any way he can protect himself before any such mishap (via filing a FIR or talking to his parents or some other legal way)?

c) Can a love affair when there is no sex or physical relationship be considered as adultery and abetment for suicide as per Indian law?

d) Can a phone sexual chat be considered as an adultery and thus abetment for suicide?

Adv. Sarika Khude

Responded 1 year ago

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A.lodge complain before the local police station.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 1 year ago

A.Every body including women have same desire of sexsual desire which if wife ask for is not strange. You must consult a doctor as this disease could be cured and there is nothing to shy to consult a doctor. Mere finding of condom or chatting does not mean that wife is adulterous. Denying wife for sex is a cruelty. Getting divorce is not a child play. You have a psychological and physical problems which required to be cured. Unless wife agree you cannot get divorce. Women have more legal remedies than men.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Niyas Fazal A

Responded 1 year ago

A.a) it's very difficult to prove that she has committed offence because she is married, with the evidence of chat we argue for divorce.
b) there is possibility, you have to save your life and he has to keep relationship until second motion of mutual divorce completed
c) this can argue that she was committed offence she has to she didn't so
d) it can be aduce as a evidence.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

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A.Hi,
a) No, unless this could be clearly shown from the evidence.
b) If she is at risk of suicide, it can be reported under the provisions of the Mental Healthcare Act.
c) No, but it would depend on the quality of proof.
d) Yes, it can be construed as adultery.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 1 year ago

A.Hi,
a) This would depend on the quality of the proof.
b) Attempting suicide is not longer a crime but he must make a declaration before the local Magistrate to prove he was doing no wrong.
c) This would depend on what could be established from the proof.
d) Yes, it can be adultery.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sourav Mukherjee

Responded 1 year ago

A.U can lodge complaint before the local police station.
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