Case of adultery
My divorce proceedings were pending. I was sitting in a restaraunt with my girlfirned and my wife got to know about this from somewhere. She took the cctv footage and is now filing a case of adultery against me. In the video my girlfriend has kissed me few times on my cheeks. Please suggest how to save myself from this case of adultery.
First tell me thus your wife had already filed the adultery case against you or she going to do?
if she had already done then face the trial that your girlfriend is just your friend not the lover and you have not kissed her infact she kissed you, then why should you held responsible, she kissed by her own wish you have not forced her to kiss.
Second if your wife had not filed the adultery case against you ?
then you suppose to tell your wife that you have not kissed her but your friend had kissed you without your concent, show that it is not your mistake and you love so much to your wife, eventhough she is not ready for pachup then filed one application in conerned police station that your wife going to file false complaint against you on the misunderstanding cctv footage that in the footage it is clearly shows that you had not kissed your friend but she kissed you, so there is not fault of yours.
Merely your girlfriend kissing you many times in a public restaurant would not be be good ground or cause for alleging adultery , please see the definition of 'adultory' in Hindu Law and defend yourself . You have a good ground for defending yourself uneless of course you are not intreersted in continuing with your same wife, who has no faith or confidenece in you. Take it in stride !
This is not the case of Adultery. Sitting and dine with Girl friend is not an offence. Kissing in ordinary mean an intimacy also not covered under Adultry as it is on mutual consent.
Frankly speaking, if someone wants to file a case against you in the court of law today, he is very well allowed to do so. You cannot stop anyone from filing a complaint against you. It is the legal right that one has got, by virtue of the Constitution of India. Looking into the law of Adultery as per Section 497 of The Indian Penal Code, the word sexual intercourse amounts to the said offence. However, if anything such cctv footage if produced in the court as an evidence in the pending divorce petition, will ultimately make the case of divorce even more stronger. It will facilitate the splitting up of you and your wife as a couple.
Further, doing such things (as mentioned by you in the query) does not make up a valid case of adultery. Rather they create a valid ground for divorce. Plus, the girlfriend needs to be a married woman, if she is single and not married to anyone yet then, the offence of adultery cannot have said to be committed. The definition of the offence produced below, provides for, in a specific manner.
 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.
Your wife can use the ground of adultery as an additional ground in the Divorce Petition itself which needs to be proved by her conclusively. Otherwise the Divorce proceedings itself acts as a bar to any separate proceedings for adultery itself. So you need not worry, because the definition of adultery is wider enough to include other things than only kissing to constitute the offence.
Merely kissing by a girl does not constitute it as an offence of adultery. Adultery is committed when you get sexually involved with anyother woman apart from your wife.
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