Admissible proof of adultery
Kittu
(Querist) 27 February 2015
This query is : Resolved
Dear members,
My wife is having an extra marital affair. She was having this before our marriage too as I have now found out. I got married recently and have hired detectives to keep a track on her. Detective sent me a video in which is kissing this guy on lips in a park. However, there is no date recorded in the said video. Is this sufficient proof for me to approach a court? Or should I wait for more evidence?
I will go for a Mutual divorce, but just want to ensure that she doesnt file dowry and DV cases in a fit of rage against me.
Isaac Gabriel
(Expert) 27 February 2015
If she consented for mcd it is ok. otherewise you will have wait for clear proof to file at court.
malipeddi jaggarao
(Expert) 27 February 2015
It is not so easy to prove the adultery. If you initiate any action, since you are newly married, your in-laws and wife will slap so many false cases against you.
Pre-marriage sex is common nowadays. The youngsters are accustomed with this. But problem starts if the spouse continues the relationship even after marriage.
What is your relation with your wife? Is it congenial? First of all you should decide yourself whether can continue the marital bond once she leaves this habit. If you wish to continue, you can rope in some elders and friends for counselling. If you are so particular to break the tie, You can find out the reason from her whether she has given free consent for the marriage or under duress. You can even tell her that you are ready for mutual divorce so that she can have her own way of life. If she is so obsessed and that guy agrees to take her hand, better go for MCD so that you can come out of the marital tie in short period with less hurdles. In any case you should be tactful. Otherwise, you will land into troubles and cannot come easily.
R.K Nanda
(Expert) 27 February 2015
better go for MCD.
ajay sethi
(Expert) 27 February 2015
mere kissing is not evidence of adultery . better go in for MCD
Kittu
(Querist) 27 February 2015
There is nothing left between me and her to continue. She hasnt been staying with me for over 2 months. I fear that going for MCD, she will ask for a hefty settlement as I am a NRI. Why is kissing and being intimate in a place like a park not circumstancial evidence? If she spends a night with him somehow, is that going to add to it?
Rajendra K Goyal
(Expert) 27 February 2015
If MCD is not possible wait for concrete evidences of adultery.
R.K Nanda
(Expert) 27 February 2015
no more to add.
Guest
(Expert) 27 February 2015
Rightly advised by experts.
Dr J C Vashista
(Expert) 28 February 2015
I fully agree with the experts advise, find out some amicably acceptable settlement roping in elders, friends, relatives and/or Councillor.
It would be more appropriate to take your wife with you (abroad-where you are staying), keep her in good humour and senses for saving the marriage institution and she may leave her boy-friend, although "old habits die hard" is a good saying.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 February 2015
The detective has pulled a smart game on you. It is just a cut and paste job. If your spouse comes to its knowledge than she can also easily procure a recording of you with a street girl.
Getting perfect evidence is not cheap and real ones will cost beyond your imagination.Since it has to stand in court of law and face cross of the opponent.
Get an expert advocate for proper defense. DV 498A , 125 are all rights of other side and MCD is not child s play.
T. Kalaiselvan, Advocate 
(Expert) 02 March 2015
The stated evidence cannot be relied upon owing to the morphing technologies in vogue. If you decided to get rid of this married life with her, then approach her for mutual consent divorce, ofcourse you may have to compromise with some amount, well if it is reasonable go ahead or decide about going for a contested divorce on the grounds of adultery by gathering more concrete evidences of her such act.
Kittu
(Querist) 02 March 2015
?The said evidence is in form of a video. The pictures have been derived from the video. So there is no way that this evidence is morphed or that the detective has pulled a game on us.
Also, I find it appalling that experts here find it ok for me to pay her some alimony/maintainence and get rid of her? Even though she is the one who has broken everything sanct about the marriage!
Nonetheless, thank you for all the expert opnion. We are keeping our detective on to ensure we get more evidence.
malipeddi jaggarao
(Expert) 04 March 2015
Experts advice given above are based on two aspects, their knowledge, their experience and their foresight for the problems you may face in dealing with the matter. It is for you to take decisions.
Guest
(Expert) 04 March 2015
I endorse the views of Shri Malipeddi Jaggarao. Moreover, everything depends upon the effectiveness of your advocate as to how he is able to present the case to prove adultery.
Biswanath Roy
(Expert) 04 March 2015
Adultery comes under the purview of
sec.497 IPC, Evidence required to bring home this offence are,-the prosecution is to prove (a) that the complainant had married a girl,(b) that a male person outside the aforesaid wedlock had sexual intercourse with the wife of the complainant,(c) that such sexual intercourse did not amount to rape. Direct evidence of the fact of adultery can rarely be possible. It has to be inferred from the circumstances but circumstances must be such as to fairly justify the inference that sexual intercourse took place. The only general rule that can be laid down upon the subject is that the circumstances must be such as would lead the guarded discretion of a reasonable and just mind to that conclusion. Supposing, in a case the wife who left her husband's house was found in a room naked with accused who was also naked. The circumstances clearly established that the accused was having sexual intercourse with her. This view was taken up in the case of Chamanlal vs. H. Sabir Ali, 1973 Cr.LJ.
