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Proof for adultery

Page no : 2

Sachin Gulyani (Student)     05 August 2016

Instances of Adultery

In the following cases the plea of adultery has been upheld by courts:
(a) Wife had been absenting herself from her house for some times and seen in the company of a stranger to the family of her husband without reasonable explanation or any explanation.

(b) Unrelated person found alone with wife after midnight in her bedroom in actual physical juxtaposition.

(c) Child born beyond the period of twelve months after the cessation of marital consortium between the spouses.

(d) Evidence on post-suit adultery is admissible to prove and explain other evidencegiven in the case and to show the character and quality of the previous acts.

(e) Paramour's letters indicating facts of illicit relationship.

(f) Admission of adultery by wife through letters.

(g) Testimony of disinterested witnesses to the effect that they had seen the respondent sleeping together with another person in nights is sufficient to prove adultery.

(h) A solitary instance of voluntary s*xual intercourse by wife with other person is enough.

(i) Wife left her husband and was living at her parent's house. The allegation by husband that she became pregnant there without his access to wife. Statement by wife that husband used to visit her parents house and stayed overnights and cohabitated with her. Wife failed to examine her parents or any other witness in support of her statement. There was no interference with the decree of divorce granted against the wife.

Siddharth Dev (Advocate)     05 August 2016

nothing to add


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