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(Guest)

Adultery divorce and custody

Dear lawyer friends kindly help me with my queries in the case.There is a case of a guy whose wife had a kind of relation (no s*xual relationship as his wife claims) with a guy but on spying he could get only a  pic of that guy(pic is nude but alone and not with his wife) on her phone. Can in this case it is enough circumstantial evidence to prove adultery?



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 7 Replies

saravanan s (legal advisor)     22 February 2015

that alone wont be a proof for adultery.it can add weightage if you could prove that some chance was there for them to indulge in *** while they  stayed together in a hotel room or things like that.


(Guest)

Thanks sarvanan sir. they didnt stay together actually in an hotel room. its just that she might have got his picture. Along with this the client is also having some of the audios in which his wife and the other person are talking about s*xual stuff. And now actuallyhe wants to divorce his wife.

Adv. Chandrasekhar (Advocate)     22 February 2015

NO. NO. NO. That is not enough evidence and also very difficult to prove.  But, if husband is quite sure that she has got adulterous relationship without an iota of doubt, he can file a case on adultery by making the other person also a co-respondent.  If such relationship is there, generally, wife tilts to go for divorce instead of waiting the court's verdict.  If it is mere suspicion, do not take such drastic step as it will hurt everyone including you.

Laxmi Kant Joshi (Advocate )     22 February 2015

No, this is not enough evidence to prove adultery , to prove adultery in the court is very difficult, for proving adultery you have to produce some intimacy video / doing s*x video as a proof .

(Guest)

Thanks all but how can he get a divorce from her and further he doesnt want to give custody of their daughter to her. Is their any way out possible?

R.K Nanda (Advocate)     02 March 2015

not enough evidence to prove adultery.

Adv k . mahesh (advocate)     02 March 2015

its very difficult with the available evidence you got try to gather further evidence to prove adultery and without that the case will be weak even if you file because in future you are planning to file custody of your child petition 


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