Allegations of extra marital affair

1. Can ammendment be allowed at this stage ( the CD was shoot in Sept 2009, my divorce was filled in Dec   2008 ) when both the parties evidence is done and the witnesses are also closed, please provide judgements if any

Yes, Sir.  Evidence having direct bearing with the facts of the case can be brought before the court by getting prior approval of the court, by moving appropriate application to lead fresh evidence.  The evidence supposed to be brought before the court must be not within the knowledge of the party when she was giving her evidence.  Then only court will permit such evidence.


2.Does holding hands , or sitting in a car with the seats pushed back indicate EMA

Generally big "NO", until and unless body language says some thing else.  It may at the most show intimacy or infatuation but not amounting to EMA, which one attains after crossing several barriers.

3. What exactly needs to be proved to satisfy the EMA allegations

In totally compromising position. Just holding hands, embracing each other in public, kissing cannot prove EMA factor.  But, note down, it is a civil case and the facts need to be proved to the extent of "Preponderance of probability" instead of "beyond reasonable doubt".

4.what are the outcome for EMA proved

Most interesting.  for a brief moment we assume that CD is proved.  Then the judge may tilt that some thing odd is going on between husband and his GF.  But strangely, on these very fact, the judge may come to conclusion that you have proved your double allegations against your wife - (1) doubting and (2) paranoid behaviour.  The proof of CD may tilt the case on any direction.

5.Suppose i do not get divorce that i have filled, can she still claim maintanance, I got no itentions of continuing my life with her ever after

Maintenance will be decided on other factors.  If you get divorce or not, she will be entitled to maintenance, if she is otherwise not in a position to maintain herself.

Oscar