How To Prove Adultery In A Domestic Violence Case ?

Is there any room  to prove adultery of complainant/ aggrieved person (defence of respondent) in a case filed under the provisions of Protection of Women from Domestic violence Act, 2005 ? 

You may be aware adultery is no more an offence / crime. 

In September 2018, the apex court had declared Section 497 of the Indian Penal Code (IPC) – that makes adultery a punishable offence  – unconstitutional and struck it down. ... “Adultery can be ground for civil issues including dissolution of marriage but it cannot be a criminal offence,” the apex court had said.

I agree with what you said, but adultery is still a ground for denial of maintenance to adulterous wife. Now kindly rephrase your answer in that context sir.

As per your query concerned!

After the commencement of the Marriage Laws (Amendment) Act 1976, even a single act of voluntary, s*xual act by either party to the marriage with any person other than his or her spouse will constitute a ground for divorce for the other spouse. 

However, in the case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery may be inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation. 

as a general rule, is proved by presumptive proof based on:

(i) circumstantial evidence,
(ii) evidence of non-access and the birth of children,
(iii) Contracting venereal disease,
(iv) evidence of a visit to houses of ill-repute,
(v) admissions made In previous proceedings,
(vi) confessions and admissions of the parties Mere suspicion are not sufficient.

There must be circumstances amounting to proof that opportunities could be used, such as the association of the parties was so clear that adultery might reasonably be assumed as the result of an opportunity for its occurrence.

To prove, the fact of Adultery needed a strong piece of evidence. The court doesn't permit anyone to name a woman unchaste. Mere allegations are not sufficient to prove the fact of adultery.

Further, as per section 125 (4), no wife shall be entitled to receive allowances from her husband under this section if she is living in adultery.

Sanjivani Ramchandra Kondalkar vs. Ramchandra Bhimrao Kondalkar
The Bombay HC held that, if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance. A wife is entitled to claim maintenance only if she can prove that all the allegations of adultery are wrong.

Hope it clarifies the issues!
Regards
Minakshi Bindhani