Shiv raj 09 May 2021

Wife confessed that she has extra marital affair

Hi,

I am from Pune. I work in private company. My wife works in diagnosis center. Earlier I had doubt on my wife that she has extra marital affair. As she never think about me. Never gave respect to me. Not ready to live my parents as well, I sent my parents to my hometown. Still there are no changes. But that time I didn't have any single evidence.

One day she logged in her WhatsApp in my laptop and forgot to logout. From that day I started reading her chat with manager. They discussed about se* that they have recently. I have all screenshots. And some laptop screen recordings too.

I think I need more stronger evidence to prove adultery. I'm thinking to discuss with my wife and show this screenshots as well. I'm sure she will accept and start begging for apology. And I will record our conversation. Even I can talk to his manager too. I know him personally.

My question is can I produce these screenshots and her recordings of confession to prove adultery?

What are the chances to get decree of divorce in my favor?

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12 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 09 May 2021

Why are thinking to show the evidence to your wife and that person as you are going to file a divorce petition? I think it is unnecessary to show the screenshots and proofs to them. It is better to find an experienced and knowledgeable advocate to file the divorce petition.

1 Like

Shiv raj 09 May 2021

Yes I will get advocate for divorce case. But can I prove adultery with this evidence?

Dr J C Vashista (Advocate) 10 May 2021

The screenshot of chat will be of little help to prove adultery of wife, you will have to collect some more conclusive evidences.

1 Like

Shiv raj 10 May 2021

Originally posted by : Dr J C Vashista
	The screenshot of chat will be of little help to prove adultery of wife, you will have to collect some more conclusive evidences.

What if wife confessed to me?

Sankaranarayanan (Advocate) 10 May 2021

Mere chatting in WhatsApp is not enough to prove her guilty. As for as your points concern your mind already prepared for divorce .If possible better to solve the issues amicably , the issues goes beyond the control then you could, find solution by way of divorce.

1 Like

Pradipta Nath (Advocate) 10 May 2021

Yes you need some better conclusive proof to proof her cheating/adultery. Probable chances are there that she will get benefit of doubt during trial which may result in your loosing the case!

1 Like

Trivendra Sharma (Practicing Lawyer 9918411669) 10 May 2021

Hi, discussing the chat to wife or her manager may result in more troubles to your life, avoid all that.

1 Like

G.L.N. Prasad (Retired employee.) 10 May 2021

If both are not willing to continue the relationship, better stop fighting and apply for mutual divorce, as these issues may apparently appear to have settled outwardly but no one forgets infidelity.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 10 May 2021

4) Whatsapp messages and images are valid evidences under Section 65B of Information technology act and the same is admissible in court.

1 Like

P. Venu (Advocate) 11 May 2021

Yes, divorce by mutual consent is the best option.

1 Like

T. Kalaiselvan, Advocate (Advocate) 11 May 2021

The original whatsapp messages or chats are available ion her mobile phone only and you have only the screen shots hence you cannot produce the same before court even invoking section 65B of Indian Evidence act.

Further the whatsapp messages are not sufficient to prove the acts of adultery.

You should produce before court the substantial evidences namely compromise photographs or any other evidence substantiating your pleading for alleged acts of adultery and also you may have to implead the adulterer as second respondent in the proposed divorce case on the grounds of adultery.

If you fail to establish your case and the case is dismissed then the adulterer as well as your spouse may file defamation case against you claiming heavy damages.

So better make her to agree for mutual consent divorce so that you can get rid of this menace and live a free life thereafter.

1 Like

Dr J C Vashista (Advocate) 14 May 2021

Originally posted by : Shiv raj
	Originally posted by : Dr J C Vashista The screenshot of chat will be of little help to prove adultery of wife, you will have to collect some more conclusive evidences. What if wife confessed to me?