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adultery can it be through mobile

Page no : 2

N.K.Assumi (Advocate)     21 January 2011

Let your friend decide that: it's his life and no one can stop him from taking that steps, rather we would appreciate who can do such things.

JAYESH (Sr. Executive HR.)     21 January 2011

Respected N.K.Assumi I personally appreciate my friend as he is ready to compromise & want to save his marriage. I also believe that due to that other persons involvement all the mess happens. It that other person not come into the life of my friend's wife then all the will not happen. Above all every husband has to trust his wife & every wife has to trust her husband in almost all the case then only life can be good. Thank you all.
 

S M JILANI (n/a)     21 January 2011

Adultery is a very weak ground to prove to obtain divorce. dont go for it. 

sms, call register etc can be only used as corrabarative evidence but not a substantial one.

WrdRelative (def)     21 January 2011

Hi

WrdRelative (def)     21 January 2011

I have few queries regarding this case as i am associated with a similar case. KIndly reply pointwise, if possible

1) Adultery by Def. is physical relationship outside marriage. Is the def. in indian law the same or even all things (except physical) constitute some ground for adultery (or is that cruelty?),  and thus divorce?

2)So , as someone said above, only so called Pictures and videos (which can themselves be doctored or faked) constitute the substantial evidence and not sms,call logs ?

3) What is the stand of audio (voice logs of those calls made) and other audio of her accepting the same relationship?

4) What are the other ACCEPTED (substantial or supplemental) grounds/proofs to prove adultery?

5)I have seen people advising reconciliation on many grounds (esp. non-mutual divorce is not an easy and short legal lane). What ifeven after reconciliation, wife doesnt amend herself or in other case creates other issues in in-laws family , just to avenge the previous problem?

6) How quick  can the  divorce happen, if adultery is proved by husband and wife is not consenting to divorce? or is it that divorce is inevitable and isntant on proving adultery?

 

Kindly be detailed, as much as possible. (I know everybody's time is precious, but we here in forums are present to help others). Thanks.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 January 2011

Jayesg! I think if your freind has made is mind to tink in positive way and family is going to restore confidence and faith in each other member then there is no need to invite positive or negative views of experts.

 

Faith is an essence of a happy life so it has been restored so minor mistakes of life should not be discussed and should be ignored fully. As you opined, the wife of your friend was trapped by some unknown person who misused the position of her strained relations with her husband and a dreaded position came out so ignore all this and bring married couple together at one platform and arrange a sweet trip for them.

N.K.Assumi (Advocate)     21 January 2011

1.Adultery can never be proved unless there is an eye witness or the spouse acted in blue film: and in almost all the case of adulterty it is proved by circumstancial evidence, as man may lie but circumstances never lie that is the law of nature.hence the spouse should have a modest character and conduct.

2 and 3.Video and picture can be doctored as happened to some actress but that can be sorted out by expert. If the spouse admit the video pictures and voices the case is admitted case no need to go further.

4.Reconciliation is effective in case of incompatability of the spouses, but not in the case of infidelity and majority of the case of break down of marriages is due to infidelity of the spouses- as there may be forgive and forget and trust may be broken but the heart willl mend but the scar will remain.

5.Depends on the facts and nature  of the case and there can not be any hard and fast rules of evidence.

6.If adultery is proved by the court Divorce will followed according to the prayer in the petition.


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