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.
Where the adultery is alleged to have been committed in a hotel or a boarding house with an unknown person, the court views such case with suspicion. There is need in some cases for the petitioner to prove a background of an adulterous association. The court makes a finding of adultery where a hotel bill is produced and a witness from the hotel is called to say that the respondent and a person of the opposite s*x were in bedroom together.
Hotel Bill Cases
When a marriage had hopelessly broken down and the spouses wanted divorce on the ground of adultery, they would arrange that the husband should 'provide the grounds for divorce', which meant that he would go to a hotel with a woman and send the hotel bill to his wife. The courts used to grant decree of divorce on such evidence inferring adultery of the husband. It might happen that the husband had never visited any hotel with any woman.
Adultery After Petition: Ante-Nuptial Intercourse
A petition for divorce on the ground of adultery should be based on adultery committed prior to the presentation of the petition. But evidence of acts of adultery subsequent to the filing of the petition is admissible for the purpose of drawing inference by the court about the course of conduct of the respondent. But there may be necessary to file a supplementary petition incorporating those subsequent acts of adultery. The general rule is that it is not permissible to plead ante-nuptial intercourse, because it is said that marriage operates as an oblivion to all that has passed. But ante-nuptial intercourse may be pleaded where adultery is charged with the same person with whom ante-nuptial intercourse took place. Cohabitation between the spouses prior to the marriage is relevant in relation to ancillary relief. This suggests that other relations prior to the marriage with other persons may likewise be relevant on the facts of a particular case.
Condonation of Adultery
The fact that the husband cohabited with the wife even after the knowledge that she had been guilty of cohabiting with another person would be sufficient to constitute condonation. The husband's condonation of adultery disentitles him to decree of divorce, even if such condonation is for the sake of dignity of the family.