Adultery

Querist : Anonymous (Querist) 07 July 2010 This query is : Resolved

Obvious reason one cannot provide the intimate pictures/vidoes?

What needs to show to prove adultery?

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A V Vishal (Expert) 07 July 2010
Section 497 penalizes s*xual intercourse of a man with a married woman without the consent of her husband when such s*xual intercourse does not amount to rape. That is, it draws a distinction between consent given by a married woman without her husband’s consent and a consent given by an unmarried woman. It does not penalize the s*xual intercourse of a married man with an unmarried woman or a widow or even a married woman when her husband consents to it. In case the offence of adultery is committed, the husband cannot prosecute his unfaithful wife but can only prosecute her adulterer. However, since the offence of adultery can be committed by a man with a married woman only, the wife of the man having s*xual intercourse with other unmarried women cannot prosecute either her husband or his adulteress. What is interesting here is that the section itself expressly states that the unfaithful wife cannot be punished even as an abettor to the crime. The offence of adultery therefore is an offence committed against the husband of the wife and not against the wife.

A single act of adultery is enough to give a solid cause to file for dissolution of marriage.
Hearsay evidence is not permissible for proving adultery.
If either spouse contracts a venereal disease long after marriage, the court can assume that it is sufficient prima facie proof of the affected spouse’s adultery. However, if it happens soon after marriage, this conclusion is not followed.
If a married man is known to visit a prostitute or a brothel regularly, the court will assume that the offence of adultery has been committed.
If a married woman visits a brothel or a place of ill-repute by herself, it will be deemed as sufficient proof of adultery.
If there is any proof to indicate that the wife/husband has slept on the same bed as that of another person who is not the partner by marriage, it is sufficient proof of adultery.