LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vikram (trainee)     06 November 2010

Whare are the proofs for filing adultery case

Please help me with the following questions -

1. What are the proofs required for filing adultery cases, can used c**d**s be treated as proof for adultery. If yes, how will it help to make the case strong. or this can also be denied.

2. How long the case can go?

3. What are the other points to be taken care of

4. What is the procedure for filing sucd case?


 15 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 November 2010

To prove the adultery, the name of the person with whom woman is committing adultery is must, otherwise c**n**s wont help to prove it.

1 Like

Avnish Kaur (Consultant)     06 November 2010

how can used condoms be used as proofs? gather any amount from garbage by conniving with a cleaner of a house .

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 November 2010

There are many other aspects which can not be discissed openly on public forum. However if by evidence you can create doubts aobut the charactor the case can be deflected.


Preponderance of probabalities is one yardstick but its not fool proof. DNA fingerprinting is not foolproof either. Out Every 350 cases 1 case matches. A Shocking example of this is that of a Irishman in Ireland was jailed for rape which he never committed and spent 10 years in jail. Culprit was DNA Tests etc. If you try proving adultery against the spouse then it would take a lifetime. Moreover you become suspetible to Criminal defamation u/s 499/500 of IPC in addition to 498a in case you are a man. So try a mutual divorce or better still a compromise. TIME IS A VERY BIG HEALER. Your frinds,relatives, lawyers would fire you with promises and then back out.

1 Like

Avnish Kaur (Consultant)     07 November 2010

TRY A VIDEO RECORDING with high resolution camera

N.K.Assumi (Advocate)     07 November 2010

In case of adultery very often direct proof  of the act can not be made out as it is a pure privacy acts betwen two individuals, as such circumstancial evidence can be put forth to prove the offence. However this is also shrouded with great danger as we saw in the film where Raj Babr raped  Zeenat Aman and Padmini Kholapure.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 November 2010

If you have will there are ways. Adultry evidence is not for weak hearted people.

Regarding the example of irishman given he came out due to DNA test , he was jailed because at that time there was no DNA technology.

N.K.Assumi (Advocate)     07 November 2010

Conversely, if a woman and a man by accident was forced by circumstances beyond their control to spend a night together in a hotel in one room, does it make out a case of adultery? Of course DNA can make out the truth but if a case is filed after one week or so can that NIGHT be the basis of adultery? Should the girl go through the rituals like SITA? Better leave it to the wisdom of the Judge.

Hemant Agarwal ( Mumbai : 9820174108)     07 November 2010

No S E X  =  No Adultery
(subject to Female partner being  someone's elses wife)

No S E X  +  Living together   =  Lawful  LIVE-IN relationship
(even if female partner being someone's elses wife)

No Evidence = No Adultery
Adultery can be proved by documentary proof only (Still pictures, Video pictures, irrefutable confession by one of the parties  and so on)

Children born out of Adultery, etc.... are conclusive proof of Adultery.

Keep Smiling .... Hemant Agarwal

Vikram (trainee)     07 November 2010

Ok, I am studing a case, where the husband has

1. used c**d**s

2. some chat which does not has any s*xual material..more like friendly

3. some videos where the male and female are in car.. normally travelling.. like dropping someone.

Said husband wants to file a case due to anger and wants to take revenge from male partner of his wife. I want to know how strong is his case. What else he should do to make his case strong.

Vikram (trainee)     07 November 2010

also the DNA test can be proved for both (male and female) and DNA test proves that those were used for his wife and her male partner, how strong his case can be.

Avnish Kaur (Consultant)     07 November 2010

yes if u can go to that level adultery is proved to an extent. but does such technology exist in india?



1 Like

Harshal (PP)     10 November 2010

1) Medical test help for nearby evidence for an adultery..such as DNA, HIV, VDLR,

2) Forensic test gives clear idea for an adultery such on rape complaint, fabric with semens testings, CD's or any electronic instrument testings, etc.

3) The character of any spouse can be freely informed on either any one of such behaviour doubt and court has way to find out the realistic matter of the case.

4) Best way to prove adultery is to keep keen watch on either spouse and at the time when you feel indulgeing in s*xual relationship gather neary by peoples to show them his or her nearness and after completion file FIR or call 100 for such case...     

valentine thakkar (advocate)     13 November 2010

If a wife is found guilty of adultery, she cannot get maintenance. Adultery can be proved by the testimony of her own child who may be above ten years of age or has proper understanding. It can also be proved if the photo of the adulterer with her is produced in the Court. In one of my cases, photos of Kanyadaan by the alleged adulterer with the petitioner/wife(who was divorced but had filed maintenance) were produced and it was affirmed by the court that only husband and wife can perform Kanyadan and hence the petitioner/wife can safely be assumed to have such relationship with the photographed person. The court rejected maintenance allowance by the divorced wife on the ground of adultery.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads