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honestlitigant   18 February 2015

Evidence of adultery

A wife and her male friend go on a 3-day out-of-station trip together during pendency of the divorce by mutual consent. Their cell phones are located at the same place and they booked only one room for them in the hotel.

Is it proof of act of adultery in court of law? 

Thanks in advance.


 15 Replies

Jayashree Hariharan (Advocate)     18 February 2015

It is a strong ground, but open to discretion of the Court, depending upon the other party's defence

You make your submissions.

1 Like

honestlitigant   18 February 2015

Thanks, Mrs Hariharan.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 February 2015

Because of the “clandestine nature” of adultery, obtaining evidence of the commission of the act by the testimony of eyewitnesses is rarely possible, so direct evidence is not necessary to establish the charge.

1 Like

Sandiv Kalia (Advocate)     18 February 2015

Remain focused dear, you are on Divorce by mutual consent, then why try to complicate, remain with mutual consent, and get your divorce, by mutual consent and get over with it.  

1 Like

Naveen Kumar (service)     18 February 2015

Best Opinion given by Sandiv Sir.  Just keep the evidence, be cool, however you are getting mutual consent divorce.

H.M.Patnaik (Proprietor)     18 February 2015

I do agree with Expert views given above and there is no need to drag the litigation too far to the detriment of both parties.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     18 February 2015

He has not mentioned that they are in process of divorce by mutual consent.


If you can procure evidence ADULTERY allegation is worth trying since you can avoid all future payments which will be like cancer.

saravanan s (legal advisor)     18 February 2015

Also if you have Any messages emails that could create doubt in persons mind about their relationship would be useful to prove adultery

Adv k . mahesh (advocate)     19 February 2015

what are the terms in mutual consent like thus she asking any alimony or demanding anything from you in the final settlement 

because already you say that you both have initiated for mutual consent divorce then best option is to gather evidences which prove her adultery with her male friend and use it at appropriate time but if she is not contesting any thing in return and even if she is also cooperating for mutual consent then do not use the evidences because if any party does not turn up for second motion then the case will be complicated 

1 Like

honestlitigant   19 February 2015

The other party has gone back on terms of mutual agreement. Some facts of cheating and financial misappropriation make it unfair to say the least. Moreover, wife filed a false criminal case of 498A during pendency of divorce petition.

T. Kalaiselvan, Advocate (Advocate)     20 February 2015

The issue of adultery, if you can prove that they stayed together in the same room of the same lodge at the said outstation, it can be considered as an act of adultery and can very well seek divorce on that ground also.  If she has withdrawn from her agreement for mutual consent, you may use this ground as an addition ground for contested divorce suit. If, by filing 498a case during the pendency of divorce case, she tries to extort money using this as a black mail, do not budge to the pressure tactics adopted by her, instead you may challenge all her false cases on merits from your side. consult your lawyer on further issues and proceed as per his further advise.

1 Like

Biswanath Roy (Advocate)     22 February 2015

How your are connected in the matter?  What is you interest?  Are you a student?

1 Like


Agree with Sandiv kalia


Agree with Sandiv Kalia for answer

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