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.
It is a strong ground, but open to discretion of the Court, depending upon the other party's defence
You make your submissions.
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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.
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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.
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Best Opinion given by Sandiv Sir. Just keep the evidence, be cool, however you are getting mutual consent divorce.
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.
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.
Also if you have Any messages emails that could create doubt in persons mind about their relationship would be useful to prove adultery
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
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