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(Guest)

Adultery proof

My friend have following  adultery proof against his wife.please advice he should file the case or must go for mcd

1.House admission of man   when she was alone  ( cctv footage)

2.spy software - vergal  audio recording , nude pics ( without face) of individuals ,erotic text massages

3phone .call details

please confirm above proofs are enough of he have to produce any type of other proof of adultery..



 11 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     31 March 2015

Forget the other things and tell is UR wife ready for MCD

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 March 2015

Philosophy Underlying S. 497, I.P.C.

The philosophy underlying the scheme of the provisions of s. 497, I.PC. is that as between the husband and the wife social good will be promoted by permitting them to "make up" or "break up" the matrimonial tie rather than to drag each other to the criminal court for the offence of adultery. They can either condone the offence in a spirit of "forgive and forget" and live together or separate by approaching a matrimonial court and snapping the matrimonial tie by securing divorce. They are not enabled to send each other to jail. Perhaps it is as well that the children (if any) are saved from the trauma of one of their parents being jailed at the instance of the other parents.
 

Saurabh..V (Law Consultant)     31 March 2015

@Author

 

In my considered view, no proof in court can be discussed in such details which goes against the "general moral" of Indian female. No judge would let you go into such details and in the end the case after few years might be dismissed.

 

I suggest, if wife is agreeing for MCD, go for it RIGHT NOW. Filing a case against wife is as dangerous as walking into the den of lioness without any weapon.

 

All the best!

 

//peace

/Saurabh..V

SAINATH DEVALLA (LEGAL CONSULTANT)     31 March 2015

Rightly advised by MR.Ramachary and MR.Saurabh

Advocate Ravinder (Advocate/Attorney)     31 March 2015

If she agrees for MCD, you can go for it.  If she did not agree, you can file normal divorce against your wife under the ground of cruelty, adultry by showing the above proofs. Those proofs are more than enough.  You will definitely get divorce. 


(Guest)

Dear All Thanks for your comments....

1. Please advice what type of solid evidence should present to proof adultery....

2. Spy software --  text msgs and call audio recording where is their illict relationship shows not enough to proove ??

Saurabh..V (Law Consultant)     31 March 2015

You have to understand what is Adultery. Once you do you would know that just talking over phone may show she is in illicit relation but that only indicates of her promiscuous nature not physical relation with other man.

T. Kalaiselvan, Advocate (Advocate)     03 April 2015

You have made lot of questions in this regard in different threads.  The experts/advocates have given you reasonable and justified advises which if followed would save more issues amicably, rest other things depends on your flexibility or how adamantly you are pursuing the issue.


(Guest)

Respected experts i have a random related query. what happens If the husband knew about the affair before any adultrous relation. and he let it proceed only because he hated his wife. So cant this fact go in favour of the accused (Adulterer) and weakens the accusation.Sorry if query not related to the case.

regards

SAINATH DEVALLA (LEGAL CONSULTANT)     06 April 2015

Not related to the present query

Nitish Banka (lawyer)     05 September 2017

 
 

 

Divorce on Adultery

Under the Hindu Marraige Act, 1955 adultery word is not used in the Section 13 1(i) of the HMA 1955

13. Divorce- (1) Any marriage solemnized, whether before or after the
commencement of the Act, may, on a petition presented by either the husband or
the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary s*xual intercourse
with any person other than his or her spouse;

Image result for adultery

Divorce on Adultery

Now How to prove Adultery in Indian Courts?

The courts in India puts heavy burden on the person who is saying that his estranged spouse and invoked the provision of section 13 1(i) of the HMA 1955. Anything short may come under the cruelty ground and petition of divorce can be dismissed, therefore it very important to consider whether constitute adultery or not.

Though direct evidence of adultery is rarely adduced but largely the evidence is circumstantial.

What are the  facts that can prove adultery?

Since circumstantial evidence is the basis of proving adultery, the circumstance like wife and her paramour lived in a Hotel for 1 night and no explanation is given by the wife to this effect then adultery is presumed for this entry in Hotel register, CCTV footage with certificate under section 65B of IT act. It is important to make paramour also a party to the suit though no decree can be sought against the paramour. it is important the evidence of witnesses in are of equal weight age like A Husband brings his girlfriend to house in absence of wife and take her into bedroom. the witnesses can be grown up children, neighbors, maid etc. These are the circumstances where adultery can be presumed.

But a mere suspicion that wife was not home whole night is not enough to prove adultery. There should be voluntary s*xual intercourse and if husband tries to create a situation wherein a wife is left alone with male person not his husband under such circumstances it is not adultery. A rape on wife is not adultery.

Even if the paramour of the wife writes filthy letter that too also does not come into an ambit of adultery. what adultery is in the eyes of a reasonable man?  that circumstances are such that a reasonable man would think its adultery. like wife is living with paramour for more than 7 months . Another thing is merely having flirtatious conversation with a person not his/her husband/wife does not mean adultery, though it can come under mental cruelty. Wife conceiving a child and husband was away for 365 days is a conclusive proof.

Conclusion

The ingredients for proving adultery are like the facts in which the intimacy is such that in the eyes of the reasonable man, such intimacy is there, credible evidence needs to be produced before the court to prove adultery merely on the basis of whims fancies suspicion the same cannot be proved. The court also  put the heavy burden of proof on the person alleging. Divorce on adultery is difficult.

Advocate Nitish Banka


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