proof of adultery
Guest
(Querist) 27 April 2010
This query is : Resolved
it is an admitted principle of law that, a woman who is continously living under adultery is disentitled to maintenance U/s. 125 of crpc. now my question is if i am confronted with such a case from the side of husband, what kind of proofs should my client submit, of course without contravening any provisions of law for the time being in force ?
kindly tell me the species of proofs which will prove helpful in family court to prove that she is living in adultery continously.
Suryanarayana Tangirala
(Expert) 27 April 2010
It is not enough just to allege adultery the name of adulterer is to be mentioned and he has to be made a party to divorce petition.Proof all cogent evidence oral,documentary are required just like any other case.
Raj Kumar Makkad
(Expert) 27 April 2010
I am not agree with Surya that the adulterer other than wife should be made a party to the divorce petition. It shall be better if a criminal case (if FIR is lodged and challan is produced then it is better) for the allegations of adultery is filed against such wife then a good evidence shall be in the hands of the husband. Some other document, which may prove the long relation of adultery of such wife with some other person and oral evidence shall suffice.
Arvind Singh Chauhan
(Expert) 27 April 2010
Don't forget that allegation of adultery (being a mental cruelty)is it self a ground to claim maintenance from husband, if husband does not succeed in proving the same. It is very tough task to prove adultery. In my opinion never resort on this tool. One can prove that wife is leading adulterous life later also, but it should not be mentioned in objection directly.
Manish Singh
(Expert) 28 April 2010
Dear Gadhiya,
it is not possible to prove adultery by direct evidence since the things done are alwys done in seclusion thus the courts, while adjudicating the matters of adultery, take into account circumstantial evidences like proofs of the wife living with other man , going on vacation with other man, staying in a single room with that person and alike.., some persons seeing that other person coming to your home whenever you are out of home or so, thus you must prove that she had been, at all unusual times, spending time alone with that other person.
if you have ample proofs then only go for such allegations.
you should also keep in mind that whenever an adulterous relation (sexual intercourse) takes place, you get a cause of action. but that does not mean that the other person could be sentenced for each adultery.
Suryanarayana Tangirala
(Expert) 28 April 2010
Mr.Rajkumar Kindly go through this Judgement-
where Petition for divorce was filed by husband on ground of adultery but the alleged adulterer was neither named nor impleaded as respondent in such Petition.Held that Petition is NOT MAINTAINABLE due to non-joinder of necessary Party-- AIR 2003 P&H 334 Ram kumar VS Raksha
S.N.Derashri
(Expert) 14 June 2017
Sir,
Husband filed divorce petition against wife with an allegation of having voluntary physical relation with her brother in law after marriage. To prove this he has submitted a DVD but the date depicted in the said video is the date prior to marriage. According to husband said video has been recorded by him through a pinhole camera. as per his version the whole episode was recorded in a memory card inserted by him in pinhole camera. after seeing this he copied the contents of memory card in his laptop and then copied in 3 DVDs. He produced the said camera, memory card, and DVDs in the court and marked them as Article during his examination in chief. It is said that he has produced a certificate u/s 65 B evidence Act but the same has not been produced in evidence nor marked as Exhibit.
During his Examination in chief the said video was not played before the court nor the husband made any statement to this effect that the persons involved in sexual act in the video are my wife and his paramour. there is no other evidence except the bald statement of husband.
My Query is:
1. whether the case put up by husband stands prove under above facts and circumstances of case?
2. Whether mere producing the camera,memory card and DVDs prepared from the said memory card and getting them marked as Exhibit/Article without making an assertion about its contents is sufficient and court can read /take into consideration the contents of these articles?
3. Whether Sec.14 overrides and excludes the mandatory provisions of sec. 65 B and 145 A of evidence act and the contents of DVD can be said to be proved?
Kindly Quote citations also if any in support of solution & advice.
