Adultery and extra marital affair proofs incase of women
2 years ago
It is said that adultery is no more a criminal offence and more of civil offence. AND IT IS ALSO SAID THAT YOU NOT NEED TO PROVE IT BEYOND DOUBT SINCE ITS CIVIL WRONG.
What does one mean by direct evidence of adultery ? Since getting video is difficult.
Is it possible to prove adultery if women has been -
1) call records with one male partner late night hours
2) whats app chats late night hours having sexual content.
Is having extra matritial affair an reason for divorce ?
Since Direct evidence is not possible .
Ankur Goel @ Complete Law Shield
Responded 2 years ago
YOU NOT NEED TO PROVE IT BEYOND DOUBT
Ankur Goel @ Complete Law Shield
Responded 2 years ago
2- no
having extra matritial affair is NOT an reason for divorce
Sidhaarth
Responded 2 years ago
Ankita Jaiswal
Responded 2 years ago
Rpy here
Ayantika Mondal @ Prime Legal
Responded 2 years ago
In a matrimonial case, the individual who makes the claim of adultery, bears the burden of proof. In proceedings under the Act that are initially of a civil nature, the standard of proof is preponderance of the evidence, rather than proving it beyond a reasonable doubt.You will have to contact a lawyer to understand what can and cannot be considered as evidence in your case. Also, you can seek contested divorce if your spouse is involved in an extramarital affair.
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To prove adultery you have to show that the adulterous spouse had both the "disposition" and the "opportunity" to conduct adultery. Photographs depicting the same will be considered as circumstantial evidence. Any proof that shows an adulterous spouse and the other man or woman kissing or engaged in other acts of affection are examples of "disposition". Call logs and time stamps on chats could be an example of an opportunity. For this consult your lawyer who would be able to help you help with his legal expertise. Yes, the extra marital affair could be a reason for divorce since adultery and cruelty could be grounds for seeking a contested divorce.
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