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ganesh athraya   15 January 2025

Submitting of proof of adultery

Does Submitting of proof of adultery(photos/Vdos ) of woman and paramour in the activity, amount to outraging the modesty of a woman.


 

-Ganesh



Quick Summary
This discussion explores whether submitting photographic or video evidence of adultery amounts to outraging a woman's modesty in legal proceedings. The consensus is that presenting such evidence in court to prove adultery for divorce purposes does not constitute outraging modesty. While adultery is condemned, its legal standing varies, and presenting proof within a case is a procedural matter, not an offence against modesty. Objections from the opposing counsel can be addressed through legal arguments.

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     15 January 2025

Submitting the evidence before court to establish the acts of adultery of his spouse cannot be considered as an act of outraging the modesty of a woman.

This is part of the proceedings of the case in progerss hence no such case is maiuntainable. 

Dr. J C Vashista (Advocate )     16 January 2025

The word 'adultery' has been derived from the Latin term ''adulterium' and is defined as consensual s*xual relationship between a married woman and an individual other than his/her spouse. Almost all religions throughout the world condemn it and treat it as an unforgivable offence.

However, this may not be reflected in the legal jurisdictions of the countries but adultery is recognized as a solid ground for divorce in all penal laws. The Indian penal code also recognized adultery as a crime and a punishable offence under chapter XX that deals with crimes related to marriage, which has been declared as unconstitutional. 

Accordingly it do not amount to "outraging modesty" of a woman.

Do you want to prove adultery of woman in the instant case ?

ganesh athraya   16 January 2025

Yes @Dr. J C Vashista

I have all the required proofs of the adultery by the woman. with her paramour.

while submitting the photographs, the Other side adv objected saying these would constitute "outraging modesty" of a woman.


P. Venu (Advocate)     16 January 2025

What are the facts? What is the context? In the absence of facts, the posting is a riddle than a query.

ganesh athraya   17 January 2025

taken the plea against wife for commiting adultery., in the divorce case filed by wife. 

I have all the required proofs of the adultery by the woman. with her paramour. while submitting the photographs, the Other side adv objected saying these would constitute "outraging modesty" of a woman.


T. Kalaiselvan, Advocate (Advocate)     18 January 2025

It is not necessary that the objections made by the opposite advocate will be allowed by court.

If at he objects it in writing you may submit your counter to it through your advocate denying his allegations and maintainability.


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