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mamu   19 April 2016

Proof for adultery

Can any one tell me that whether the proof of adultry can it be Liplock picture is enough to prove adultry of women.



 16 Replies

Raj (Self)     19 April 2016

Yes, ideally it should be.

But unfortunately, she can make you visit the court for years & you won't get a chance to even show that picture to the court.

Born Fighter (xxx)     19 April 2016

If ur sure ur wife is actively Liplocking then hire a private detective and get some more evidences like video...........................game over......then u dont have to spend much time in the court.

 

Ur wife may even surrender due to societal/parental pressure ...

Raj (Self)     19 April 2016

Believe me, I had videos as well. But her parents starts acting as brokers to collect the money.

mamu   19 April 2016

Thanks every one for reply. Please help my frined, any expert can give the relaity of Liplock can it be proved in court by picture. Whether this lip lock can it be a criminal affence or civil offence. What else evidence is requried. Please carify. Experts please....

SAINATH DEVALLA (LEGAL CONSULTANT)     19 April 2016

Can U come out in detail for a better analysis and correct suggestion?

adv.bharat @ PUNE (Lawyer)     19 April 2016

sir please provide details of case so that we can provide guidance. You are hiding something there for we were unable to give u complete guidance.

mamu   20 April 2016

My friend is having a lady frined at his office. she has filed DV against her husbund on cruality grounds. In turn he has filed the case she leaves in adultry with her colleague at her office and he will not give DV to her, for which he has produced the liplock picture as the proof by making my frined a party to his response.

Whether this picture of liplock can it be sufficient to prove the adultry case of her and what else proofs are requied to make this case civil or criminal against the guy and her.


(Guest)
There is no point of having proof in such cases. Photo and video proof does not matter. Matrimonial cases in Indian courts is not about who has proof etc. It is about dragging cases for years while lawyers make money and waiting for parties to give up. Stop thinking in terms of proofs and legal a sections and lawyers etc. Think in terms of what parties want. If they want to drag cases in court just for fun, no proof is needed and even if you have proof no cases can be won. Tarikh pe tarikh and lawyers fees is the name of the game when it comes to court cases. Right/wrong/true/false has no value in this game.

(Guest)
Originally posted by : mamu
My friend is having a lady frined at his office. she has filed DV against her husbund on cruality grounds. In turn he has filed the case she leaves in adultry with her colleague at her office and he will not give DV to her, for which he has produced the liplock picture as the proof by making my frined a party to his response.

Whether this picture of liplock can it be sufficient to prove the adultry case of her and what else proofs are requied to make this case civil or criminal against the guy and her.

Date and time, where it was taken under what it was taken, also matter.  As her husband have ur liplock photo, you are screwed, she might get divorce, but you go jail for sure.  I suggest you better leave company and go absconding for 3-4 years.

LegalFighter (test)     25 April 2016

Women cannot be prosecuted in adultery but her husband can get divorce and your friend will be in jail for sure. Only your friend will be prosecuted that girl escapes. :-) You know as per law all women are innocent

(Guest)

Lip lock doesn't prove anything. Adultery has to be s*x. It's very difficult to prove unless the woman admits it. Convictions under section 497 are very rare and controversial. Don't worry.

arunmorris   04 August 2016

if wife self conformation latter wife hand writing she accepted her adultery so this is prove adultery ?

Sachin Gulyani (Student)     05 August 2016

Instances of No Adultery

In the following cases the plea of adultery has been rejected by courts.


(a) The presence of the wife in a restaurant cabin with her blouse and brassiere unhooked and the co-respondent holding her breasts in his hands is not sufficient to prove adultery.

(b) No conclusion of adultery where the wife was found going on the scooter of some other person or talking with someone other than her husband

(c) No corroboration to prove adultery of wife when she remains in a room with door though shut but unbolted at 10 p.m. with another person when the mother of the husband and five grown-up children were present in the house.

(d) Mere fact that some male relation writes letters to a married woman does no necessarily prove that there was illicit relationship between the writer and recipient of the letters.

(e) Wife becoming pregnant after husband had undergone vasectomy operation without proving that the operation was successful, no illicit relationship of wife can be presumed.

(f) Serious doubts may be raised as to the allegation of adultery of wife when the husband makes no such allegation in the notice for divorce prior to the filing of the suit.

(g) Where the husband files the petition for divorce 8 years after he came to know that his wife has committed adultery and has not explained the reason for the inordinate delay alone.

(h) Mere presence of the alleged adulterer in the bedroom of the parties does not constitute an adulterous act.

(i) Masturbation of co-respondent by wife is not adultery.

(j) Allegations of the husband that he saw his wife talking with other persons on three occasions in daytime without any physical contact are not sufficient.

Sachin Gulyani (Student)     05 August 2016

Instances of No Adultery

In the following cases the plea of adultery has been rejected by courts.


(a) The presence of the wife in a restaurant cabin with her blouse and brassiere unhooked and the co-respondent holding her breasts in his hands is not sufficient to prove adultery.

(b) No conclusion of adultery where the wife was found going on the scooter of some other person or talking with someone other than her husband

(c) No corroboration to prove adultery of wife when she remains in a room with door though shut but unbolted at 10 p.m. with another person when the mother of the husband and five grown-up children were present in the house.

(d) Mere fact that some male relation writes letters to a married woman does no necessarily prove that there was illicit relationship between the writer and recipient of the letters.

(e) Wife becoming pregnant after husband had undergone vasectomy operation without proving that the operation was successful, no illicit relationship of wife can be presumed.

(f) Serious doubts may be raised as to the allegation of adultery of wife when the husband makes no such allegation in the notice for divorce prior to the filing of the suit.

(g) Where the husband files the petition for divorce 8 years after he came to know that his wife has committed adultery and has not explained the reason for the inordinate delay alone.

(h) Mere presence of the alleged adulterer in the bedroom of the parties does not constitute an adulterous act.

(i) Masturbation of co-respondent by wife is not adultery.

(j) Allegations of the husband that he saw his wife talking with other persons on three occasions in daytime without any physical contact are not sufficient.


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