Proofs for adultery by my husband Proofs for adultery by my husband

2 years ago

For Proving adultery are these sufficient for divorce :-

1) His Whats app chat Export files mentioning visit to lodge or extensive sexual message exchanges happening at late night hours

2) A Notorised Affidavit done by spouse as confession and admission

3) A self handwritten letter confession letter of his extramarital relations

4) Pics of his girlfriend found on her mobile and email

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
It is more than enough. It is not known why you are doubting your evidence.
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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.1, 2, 3, 4 - Not enough
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Nishant Singh

Responded 2 years ago

A.Hello,

You have a good case of Divorce on the ground of adultery. However, adultery is no more offence in India but still it is a ground of Divorce.
Instance of Adultery in your case and plea of adultery upheld by courts
1. Paramour(Girl) chats, emails indicating facts of illicit relationship.
2. Visit the lodge/hotel along with having adulterous relations.
3. Admission of adultery by husband through affidavit or letter.
4. Pictures/Videos indicating the physical juxtaposition

Adultery, as general rule is proved by the presumptive proof based on Circumstantial evidence or confession and admission.
To strongly represent your case in the court, ensure that the said Girl is one of the party in the petition and all the electronic evidences are carefully stored and represent in the court as per procedure. You can also approach to the said lodge owner to get the bill or visiting record of that day or you can call the lodge owner with records as witness through Court.

with best wishes

Nishant Singh (Advocate)
KKD New Delhi
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Sidhaarth

Responded 2 years ago

A.1. It is not a proof of adultery. Direct evidence and proof are required in law.
2. & 3. It may be used but not sufficient to establish adultery. He will take the plea that it was under force and threat. A prudent person will not give evidence against himself.
4. No sufficient to prove adultery.
You may file on the ground of cruelty.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Although the proofs you provided are adequate for proving adultery, it is necessary to remember that adultery is not a criminal offense so you can only seek a civil remedy, which is to divorce your partner and then seek alimony or maintenance.

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Anik

Responded 2 years ago

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A.Hi,
The proofs here in mentioned are sufficient for proving adultery. But adultery is not as such punishable under IPC but is a ground for divorce.
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Anish Palkar

Responded 2 years ago

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A.Yes. It is a good ground for divorce if you require a divorce.

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ADV. ANISH PALKAR (High Court)
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Abhimanyu Shandilya

Responded 2 years ago

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A.All these will have to be corroborated in the court of law during the examination process that means you will have to have a very good lawyer who is an expert in examination and cross examination to bring the real truth and then yes you will have what you want.
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