External affairs with other

Maitri Gda (Querist) 14 February 2012 This query is : Resolved
Wife is having external affairs, husband is aware of the same & want to collect proof of the same. what kind of proof are acceptable in court. Mobile bill showing frequent calls,Photo Graphs,sms or what? & what can be done for joint Property & Property on individual name. if he goes for legal fight.

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Tajobsindia (Expert) 14 February 2012
@ Author

Delighted to know you are contemplating to launch or not to launch such divine allegations upon a wife.

The answer to your query lies in below news item though you will succeed with all the evidences gathered but do care to read down below case reporting which was even upheld by Hon'ble SC in cases such as that of Yusuf Aziz , Sowmithri Vishnu and V. Revathi

NEW DELHI, 20 NOV: A husband cannot deny maintenance to his divorced wife on the ground that she was involved in an adulterous relationship, a Delhi court has said. The verdict was passed by additional sessions judge Mr TR Naval, who said: “The findings that the divorcee wife has been living in adultery will not provide any benefit to him (husband)”. The court rejected the plea of a Delhi-based policeman, who had challenged a magistrate’s order directing him to pay Rs 4,000 as monthly alimony to his wife on the ground that she was having an adulterous relationship.
The divorcee wife had moved the sessions court seeking enhancement of the alimony to Rs 15,000 per month saying her ex-husband was earning over Rs 50,000 per month and had no other liability. The ASJ, however, disposed of the petitions saying the order passed by the magistrate was “fair” and “proper”. “I am of the view that there is no infirmity, illegality or inaccuracy in the impugned order and there is no merit in the revisions (petition),” the court said. The ASJ also observed that the magistrate, while deciding the alimony, had also kept in mind that the man had re-married and had the responsibility of his second wife and children. The woman had filed a petition before a magistrate seeking alimony alleging that she had got married in February 2004 and although her parents had given dowry at that time, her husband and in-laws used to taunt her for not bringing a car. She had alleged that as her husband was serving in police, he used to threaten her and her family members. She had also claimed that she was brutally beaten up by him and her mother-in-law.

http://www.thestatesman.net/index.php?option=com_content&view=article&id=390634&catid=36

1. Joint property will be taken care at the time of alimony suit.

2. Property on individual name should be gift deed to female members in family before launch of such case on wife to safeguard the same least spills under a alimony suit later on.