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sandykrish (Interested in Family LAW)     02 September 2013

Audultery

I am in a middle of a situation where I have applied for mediation phase of my RCR case I have applied RCR case where wife ha applied for false DV Case in the midst of it I have collected solid evidences of my wife leading an adultery life has been obtained by spy people now please let me know how to obtain divorce as I dont want to continue with my RCR case. Background I applied RCR in July 2013 she applied for DV case agsinst me and my family. Now during mediation if she still stays the same sh*t things can I request the judge that enough is enough and can I request the judge since she is willing to rejoin and have put false allegations against me with this solid photographs of audeltry can I apply for divorce by withdrawing the RCR case? Will the photos and e mail evidences of wife audultry can be proved does court accept these evidences given by privite detectives?


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 3 Replies

sandykrish (Interested in Family LAW)     02 September 2013

Sorry for the typo error it should read as not willing to join the matrimonial home

Samir N (General Queries) (Business)     03 September 2013

I am not an advocate but here are my thoughts (as I too have successfully defended a DV case sans advocate):

First, adultery was not committed by her but by the person who she is having an affair with. See Section 497 of Indian Penal Code. Adultery expressly requires a s*xual intercourse and I would think that would be hard to get evidence. The photos that you may have may prove that she was not loyal, having an affair, etc. which suffices to get you divorce. I think that you will have to get it on grounds of mental cruelty to you if you have evidence that she was having an affair.  This in turn will disentitle her to any maintenance. 

Now lets come to evidence... To prove your evidence, you will have to file an affidavit from the person who took the photos along with an application to call him as a witness. Then you should  cross-examine him.  Show the photos to him while he is in the witness box. Mark them as exhibits. This cross-examination and the transcriptt of the cross-examination along with the photos then can be used by you in other proceedings, for example, in the Family Court. You may not have to get the witness cross-examined again in other Courts. 

Once the evidence is in, then, you should file your application to seek any relief you want. 

Good Luck!


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