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harsh pratap singh (sseef)     12 March 2012

Estranged wife having live-in relationship!

Dear Experts,

From some authentic source i came to know that my ex-wife is having a live-in relationship with someone.

I live in city X and she lives in city Y. X & Y are separated by 1500km.

We are not yet divorced.  Can she legally enjoy live-in relationship?

Plz experts guide me how to prove that she is indulging in adultery.  what proofs are required to prove adultery.


 10 Replies

Tajobsindia (Senior Partner )     13 March 2012

@ Author

Take Lord Hanuman's leap with below gyan

The Courts have held that the evidence needed is evidence of inclination and opportunity not graphic evidence of private activity in the bedroom. Inclination could be established by statements of affection in correspondence. Evidence of opportunity could be established through evidence that the two people lived together, traveled together or stayed in a hotel room together or were alone together at a time and place and for a duration which might be called "compromising".


2 Like

harsh pratap singh (sseef)     14 March 2012

Dear Sir, Thanks for your reply, Can you share some judgements/citations where married wife who has filed 498a on her husband (not yet divorced) is having a live-in relationship with her boy friend.

ravindra (Analyst)     14 March 2012

Hi its vary difficult to prove adultery. collect evidence like Vedio recording, kissing seance etc.

ravindra (Analyst)     14 March 2012

Hi its vary difficult to prove adultery. collect evidence like Vedio recording, kissing seance etc.

rajiv_lodha (zz)     14 March 2012

I do not see its worth exhausting urself to PROVE adultry. She must have taken ample precautions to conceal the relationship at least legally!

N.K.Assumi (Advocate)     21 March 2012

No one wish to washed their dirty linean b efore the public, as such, in case of adultery you will not find any direct evidence, but by circumstancial evidence alone will prove it, as rightly pointed out by Tajobsindia.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

Hire a detective and get on work.


If she is living in adultery, no maintenance. Also you can file for divorce.


Also file for adultery case against her partner.


Shonee Kapoor

Sherry_bal (Professor)     21 March 2012

Hi Shonee ,

In case the wife is living with someone but there is no sufficient proof for this and in such a case if i have her  telephonic recording where she accepted that she love that man and they both had s*x and she also conceived from him but had to abort the child because of our pending separation .


Will that be considered by court as valid proof ?



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