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Shankar Law Firm   23 February 2022

Proving adultery

Dear seniors

I have this case where I am for petitioner/husband in a Hmop for divorce. 

The resp/wife , during the case is pending, got married to another person and delivered a baby as well. Now she has filed a petition seeking maintanence from petitioner/husband.

 

I'm now to prove that the wife is married, but I don't have enough material evidence to prove the same. All I have is a few photographs in which she was pregnant with the new man. 

Inorder to establish adultery here, I seek some guidance from my learned seniors in this forum.. appreciate your time to reply. Thanks 

 

 

 

 



Learning

 5 Replies

Dr J C Vashista (Advocate)     24 February 2022

In order to prove bigamy you will have to collect clinching and conclusive evidence(s) which can establish that she got married with another man during subsistance of earlier marriage..

Live-in relation is no crime

Otherwise there is no point in gathering useless evidence(s) to prove adultary which may be used for divorce but not for punishment for bigamy.

G.L.N. Prasad (Retired employee.)     24 February 2022

It appears that your issue is on maintenance.  Your counsel can state the same court on your affidavit first, and you can collect such evidence of a witness or some other document in the meanwhile if the marriage is denied.  Hospital reports, DOB registration (a Public document that can be accessed through the website of local authority Births and death Registrar), Bank details, voter card, or aadhar registration may serve your purpose.

P. Venu (Advocate)     24 February 2022

You can oppose the petition for maintainence as you are not the biological father. And, if need be, paternity could be ascertained through DNA Test.

Palak batra   25 February 2022

Dear Querist,

 

As per the facts and circumstances it is difficult sometimes to prove opportunity or occasion of adultery. 

 

Digging past activities and keeping an eye on current activities can be fruitful in such cases. Nowadays technology plays a great role as there are many apps and softwares related to spycams in the mobile phone itself.

 

In the cases of pregnancy the law is very clear that neither can wife seek maintenance nor can an illicit child for such relationships seek any maintenance throughout her life once adultery is proved. 

 

Regards,

Palak

Dr J C Vashista (Advocate)     25 February 2022

Dear Ms. Palak Batra,

As you have opined and advised inter alia, that, "In the cases of pregnancy the law is very clear that neither can wife seek maintenance nor can an illicit child for such relationships seek any maintenance throughout her life once adultery is proved. ..."  

Just for knowledge sake can you please quote  provision / citation to substantiate your averment.

Thanks and regards


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