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A magistrate court in Kurla has issued summons to employees of a top suburban hotel for allegedly aiding an “adulterous” couple and withholding information from the woman’s husband. The complainant, a 31-year-old first officer in the merchant navy, has claimed that he first suspected his wife (28) of infidelity last year, when he found receipts of flights she had taken to Delhi, Agra and Indore with a senior colleague at the private bank she works for.
As the sailor spent several months of the year away from home, he began to follow his wife whenever he returned to the city, he has claimed.
According to advocate Kanishk Jayant, who is representing the man, he discovered that his wife and her lover would frequent certain hotels in Kurla and Vile Parle.
According to his complaint, on December 31, 2016, the man, with by his parents and aunt, followed the couple to Hotel Kohinoor Elite at LBS Road, Kurla West. Jayant said that after spotting the banker’s car parked outside the hotel, the husband approached the Vinoba Bhave Nagar police station to file a complaint.
Soon after, he also filed complaints at three courts in the city for adultery, theft, robbery and destruction of evidence and criminal conspiracy under the Indian Penal Code. According to his complaint, the couple had stayed at the hotel between December 24 and 26, 2016 in order to become friendly with hotel employees and “ensure that they waive mandatory security compliance” whenever they visited together.
The man has alleged in his complaint that his wife had posed as the banker’s wife and that hotel employees did not ask for her photo identity documents before allowing her to stay. The police’s investigation also revealed that the hotel had made two different invoices recording the couple’s visit, which contained discrepancies in the number of guests.
In an order passed on June 17, Magistrate K K Shah ruled that there was prima facie evidence to support the husband’s allegations that the hotel’s employees aided and abetted the couple.
“Police have also filed tax invoice of Hotel Kohinoor Elite dated 1st January, 2017, of 2 in numbers, in that 1st invoice of the same date, number of guests mentioned is 2, but in next number of guests mentioned is zero. This prima facie shows that hotel employees are also abated in said act,” states the order.
Magistrate Shah has also relied on the police’s investigation report, which concluded that the hotel employees did not demand photo identity documents from the complainant’s wife. The court has ordered the banker, the woman, her parents and three hotel employees to be present on July 1.
However, the court rejected the husband’s plea to issue summons to his wife over the accusation that she sold off family jewellery to finance her trips with the banker.
When contacted, the Kohinoor Group, which operates the hotel, said it was not aware of the case. The hotel too did not respond to an email seeking comment.
Under Section 497 of the IPC, “whoever’ has sexual intercourse with the wife of another man, commits the offence of adultery that can attract a jail term of up to five years, a fine or both”. In such cases, the wife is not a punishable abettor. However, a wife cannot invoke the section against a husband or his partner having an extra-marital relationship.