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Rajesh Sharma   29 November 2021

Divorce due to adultery

Team,

 

My Wife had relationship with her boss from February 2017 to December 2019.

On 27th to 29 December 2019. I collected Whatsapp screenshots & Phone recordings.

Both of them just have word "I Love You" & few romantic words shared between them in chat & texts.

When I confronted my wife she agreed in a recorded conversation that she had physical relationship with boss. But I do not have proofs for that except for recorded confession.

Will these proofs suffice for filing a divorce case with reason as adultery.

 

Thanks,

Rajesh Sharma



Learning

 2 Replies

P. Venu (Advocate)     29 November 2021

On aspects of adultery, it is impossible that there could be direct evidence. The facts mentioned are of probative value in a divorce proceedings.

Megha   21 January 2022

Hi,

As per the provisions of Hindu Marriage Act, 1955 (HMA), adultery is a valid ground for both divorce and judicial separation.  HMA defines adultery asconsensual s*xual intercourse with any person other than his/ her spouse.  

The burden of proof in case of adultery is on the person making the allegation.  Mere preponderance of possibilities is sufficient (Venu v Narinder Kumar), proof beyond reasonable doubts is not necessary.  Mostly circumstancial evidence is relied upon. 

Since your wife has confesssed to having a relationship with boss, this should help your case. 

With regards to the whatsapp chats and phone recordings, please note that very recently, the Supreme Court, while issuing a notice challenging a SLP filed by Punjab and Haryana HC said that secretly recorded phone conversations cannot be submitted as proof of evidence in the family courts as it is an outright infringement of the wife's privacy and will fall outside the ambit of Section 122 of the Indian Evidence Act, 1872.  

Best regards,
Megha


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