Adultery - proof - direct/circumstantial.
Adv. Deepak
(Querist) 26 June 2009
This query is : Resolved
Resp. Sirs, I want to prove the adultery of wife with the third person. How can it be proved with direct or circumstantial evidence? Could you please guide me? Regards.
A V Vishal
(Expert) 26 June 2009
Adultery:
According to H. L. Mencheh, adultery in the literal sense means "an application of democracy to love". Adultery means the offence of incontinence by married persons.
In Mahalingam Pillai Vs. Amravalli, it was held that one general intercourse after the solemnisation of marriage is sufficient to make a case. An attempt at general intercourse is not enough some penetration, however, brief, it may be, must be proved.
Burden of Proof:
It is very difficult to produce direct evidence to prove an act of adultery. Adultery is a matrimonial offence as well as a criminal offence. The requirement of proof in a criminal case is stricter than the requirement in a matrimonial case. In the former case the act is to be proved beyond reasonable doubt, whereas in the latter the evidence is based on the inferences and possibilities.
Thus the offence of adultery may be proved by:
1. Circumstantial evidence
2. By evidence as to non-access and birth of a child
3. By evidence of visits to brothels
4. By contracting venereal diseases
5. Confession and admission to parties; and
6. Preponderance of probability
The Madhya Pradesh High Court in Hargovind Soni Vs. Ram Dulari, observed that it is no longer required that adultery must be proved beyond all reasonable doubts, it can be established by preponderance of probabilities.
Adv. Deepak
(Querist) 26 June 2009
Resp. Mr. Vishal, Thank you very much for your kind advice. Now, I could get the idea on the subject. Regards.
PALNITKAR V.V.
(Expert) 27 June 2009
It is really difficult to have direct evidence. It is rarely available . you have to prove it by circumstantial evidence. It depends on the facts of your case as to what can be the circumstantial evidence. I know that the facts of the case can not be conveniently discussed on this site. you may contact any Expert of your choice personally.
