Wife filed a case on husband for his llegal affairs. Burden of proof lies with whom?

Querist : Anonymous (Querist) 11 July 2011 This query is : Resolved
Wife files a case on husband that he is having illegal affairs pre and post marital affairs by seeing the online-shared photos, emails and chats.
Husband says that he has sexually chatted/emailed but didnt have sex with any one really.
Wife has proofs of all the emails/chats.

How this case runs in the court of law?

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Vijay Badgujar, Advocate. (Expert) 11 July 2011
Burden of Proof upon the person who alleging the existence of facts of affair.

Ravikant Soni (Expert) 11 July 2011
Adultery - Proof - Mere fact that some male relation writes improper letters to a married woman, does not necessarily prove that there was illicit relationship between writer of the letters and the married woman who received them.

AIR 1967 SUPREME COURT 581 "Chandra Mohini Srivastava v. Avinash Prasad Srivastava"

prashant pundhir (Expert) 12 July 2011
Burden of proof is on the complainant .

Advocate. Arunagiri (Expert) 12 July 2011
The email and chat cannot be a proof to prove the adultery.

Practically it is very difficult to prove the adultery case.

Querist : Anonymous (Querist) 12 July 2011
Thanks Arunagiri & Prasanth sirs for your immediate reply for my query.

Would there be any chance for the court or the public prosecutor to call my adult-chat frend by posting her pics in newspapers or TV media? Why iam worrying because she is a married woman with two children already where she just pass time by internet chatting at home.

Arun Kumar Bhagat (Expert) 17 July 2011
If she is made an accused then she will have to appear in court. On her non-appearance the court shall issue non-bailable warrant followed by proclamation and in that event one can publish her photograph.

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