Naina 04 May 2023

Divorce proof

Hi,

I want to file divorce petition on the ground of extra marital affair. I will also file a domestic violence case against him. I know I will have to prove that my husband’s affair with another girl and that will require some proof. I want to collect some proofs before I go for divorce. 2 years ago, that girl purchased a Flat by taking 20 Lac amount from my husband and my husband transferred around 20 LAC to that girl and that entry appears as an unsecured loan in my husband’s income tax ITR [yr 2021]. I have a copy of that. Is that proof enough to show that he is having affair with that girl? will I be able to get divorce on the basis of this proof? What if he says in the court that he gave her loan for purchasing flat and she will return that amount to him in next few years because it is a loan? Will it still prove his affair with her because ITR shows he has links to her and he transferred huge amount to her. Can I get divorce on the basis of this proof? Does this link actually prove anything which is beneficial in divorce case / domestic violence case ?

Please help.

Thanks.

Reply Follow

4 Replies

SANTOSH TIWARI (Advocate) 04 May 2023

Evidence that can be used by you are:

Birth of an illegitimate child
Contraction of a venereal disease by the unfaithful spouse
Witnesses, photographs and videos (solely for the purpose of evidence, without violating any law of the land at the time being) of the commission of the extra marital affair
Evidence of visit(s) to a brothel
Confession of the spouse of committing adultery
Whatsapp messages or email exchanges that come to your knowledge or possession
Paternity test report of a child, etc.

Your issue primarily looks like the breach of trust, but to prove adultry you must have one of aforesaid evidences.

Advocate Sameer Tiwari

Jabalpur

T. Kalaiselvan, Advocate (Advocate) 04 May 2023

The transfer of unsecured loan to that female by your spouse is not an evidence to prove his extra marital affairs with her or to file a divorce case on the grounds of adultery.

You may file that evidence to corroborate your statement and evidences for the pleadings you have made in the divorce petition.

Dr J C Vashista (Advocate) 05 May 2023

Well advised by experts, I endorse.

Facts posted is one of the ground for divorce, if you have proper evidence and you can prove it.

It is better to consult and engage a local prudent lawyer for proper advise and necessary proceedings

Niharika Lohan 07 June 2023

Hi Naina JI, I’m Adv. Niharika and this is my take on your query.

In my opinion there are a few issues in your proposition.

Firstly, this transaction that you mentioned took place 2 years ago and you have taken quite some time to raise issues on the same.

Secondly, lending/giving someone money does not by itself prove an extra marital affair by just the virtue of it.

Thirdly it is difficult to get a divorce by the mere existence of a transaction.

Your husband can very well say that he lend her the money as a loan and it will be recovered in its due time. This transaction has the nature to corroborate your statements if and when you have other evidences to probe your case. Otherwise it is just a transaction in its general course.

In order to seek divorce from your husband, I will suggest that you collect material evidence such as photos, videos, call recordings to prove that your husband is related with another lady outside of the marriage.

I’m attaching an article for your convenient reading. I hope it helps.

If you have Luther questions you can reach me at niharikalohan@yahoo.com

https://www.lawyersclubindia.com/articles/grounds-for-divorce-under-hindu-marriage-law-22.asp