'A' prosecutes 'B' for adultery with 'C, A's wife. 'B'

Solution

Section 43 of Evidence Act Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant––Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Act. The question is illustration b to Section 43 A prosecutes B for adultery with C, A’s wife. B denies that C is A’s wife, but the Court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A’s lifetime. C says that she never was A’s wife. The judgment against B is irrelevant as against C.