Proof of adultery is often hard to come by considering the act's nature of secrecy.
As far as required proof is concerned since adultery by nature is practiced in secret, Courts does not stress on direct proof. If you can prove in the Court that she is living with that Guy in the same house, that will be enough.
Proving adultery usually relies on circumstantial evidence that the party had the intent and opportunity, an allegation usually substantiated by such evidence as hotel receipts, photographic evidence, love letters, diaries, and witnesses.
In order to show that there is no connivance on complainant, you should have spoken to the steps which you took to prevent the accused or your wife from having intercourse with each other from the moment you came to know of the intimacy between the wife and the accused and from the time you began to suspect that the accused was having s*xual intercourse with your wife. If the husband was fully aware of the fact that his wife was committing adultery but did not do anything to stop the same, then the adulterous relationship may be considered to have been committed with acquiescence, and therefore no offence can be said to have been committed. The absence or presence of consent or connivance can be inferred from the circumstances of the case. Strict proof of the same is not necessary.
In spite of this knowledge if the complainant had failed to take steps to prevent s*xual intercourse between the accused and his wife, such conduct on the part of the complainant would give rise, it is claimed, to the presumption that he had connived at the accused having s*xual intercourse with his wife.
If the husband co-habited with his wife even after knowing that she had been guilty of co-habiting with another person, it will be sufficient to constitute condonation and once the act of adultery had been condoned, the husband could not seek divorce on this ground.
Reasons for not using adultery as a ground of divorce is that the allegation means that the divorce often goes to trial, and that increases the cost of the whole dissolution dramatically.
A spouse can defend against an allegation of adultery. The two C’s -- condonation, which is the approval of certain behavior; connivance, plotting a secret plan to achieve an evil or illegal end. At one time, any of the two C’s would have been an adequate defense against an allegation of adultery.
These facts might be quite relevant and necessary in a case where the complainant sought to have a divorce between himself and his wife on the basis of adultery.
497 & 498 are different sections with different transactions.One cannot be used to counter another one. In laws can file 498 if they wish.
