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Anonymous   05 March 2017

Cheating wife - what evidences required to prove adultery?

Wife is cheating on me.  Even before marriage she had an affair.  Now we are married for more than 8 years.  I know of it now. What sort of evidence required to prove adultery?  Will whatsapp chat and call list will do? Or Call recording and photos together required?



Learning

 12 Replies


(Guest)

child born out of such relation plus circumstancial evidence if any.

A walk alone (-)     05 March 2017

Adultery is very difficult to prove without solid evidence . simply what's app chat , call list, call recording are not enough to prove adultery. Once you file any case she fill whole package on you. You will roam court for decade. As you say "we are married for more than 8 years" there might be your children. Do you think about your child life after filing any case? Before marriage affair don't matter. After 8 years of marriage you want to prove her adultery why? Why you don't take any step before?

Anonymous   06 March 2017

Thanks for your prompt response.

Ok.  No kids. I think I should have used 'Affair' instead of 'adultery'. She is having an affair and chats with him and wants to marry him.  Not revealing the same to the husband.  Will in such cases the whatsapp chat and call list will do? Or Call recording and photos together required?  On that ground if the affair is proved, will divorce be granted?  If agrees for mutual divorce, does she has to be given alimony?  If yes, is it one time or monthly maintenance.  She is educated but not working.  Looking forward to your reply.

stanley (Freedom)     06 March 2017

@ author .

 

The Courts have held that the evidence needed is evidence of inclination and opportunity not graphic evidence of private activity in the bedroom. Inclination could be established by statements of affection in correspondence. Evidence of opportunity could be established through evidence that the two people lived together, traveled together or stayed in a hotel room together or were alone together at a time and place and for a duration which might be called "compromising".laugh

In case of adultery very often direct proof  of the act can not be made out as it is a pure privacy acts betwen two individuals, as such circumstancial evidence can be put forth to prove the offence . without tampering; voice recordings, original media materials in which different voices and SMS messages captured should be submitted for forensic examination along with voice samples of accused and witnesses as per Evidence Act

Courts has upheld instances of adultery of wife in more or less following cases which bear relevance to your alleged facts;

 (a) Wife had been absenting herself from her house for some times and seen in the company of a stranger to the family of her husband without reasonable explanation or any explanation.

(b) Evidence on post-suit adultery is admissible to prove and explain other evidence given in the case and to show the character and quality of the previous acts of wife.

(c) Admission of adultery by wife  through voice recording.
 

Anonymous   06 March 2017

Thank you. 

Please reply for this query also:

Ok.  No kids. I think I should have used 'Affair' instead of 'adultery'. She is having an affair and chats with him and wants to marry him.  Not revealing the same to the husband.  Will in such cases the whatsapp chat and call list will do? Or Call recording and photos together required?  On that ground if the affair is proved, will divorce be granted?  If agrees for mutual divorce, does she have to be given alimony?  If yes, is it one time or monthly maintenance.  She is educated but not working.  Looking forward to your reply.


(Guest)
Originally posted by : Anonymous
Thank you. 

Please reply for this query also:

Ok.  No kids. I think I should have used 'Affair' instead of 'adultery'. She is having an affair and chats with him and wants to marry him.  Not revealing the same to the husband.  Will in such cases the whatsapp chat and call list will do? Or Call recording and photos together required?  On that ground if the affair is proved, will divorce be granted?  If agrees for mutual divorce, does she have to be given alimony?  If yes, is it one time or monthly maintenance.  She is educated but not working.  Looking forward to your reply.

Your case is complicated.  Remove these messages from pubic forum and discuss them in priavate with able advocate who deals with matrimonial disputes locally.

stanley (Freedom)     06 March 2017

@ author 

 

Consult local advocate and do as directed by them . In court your wife will state he is my friend since you have stated the term affiars laugh  . 

A walk alone (-)     06 March 2017

If you have money You can go MCD pay one time alimony get rid of her forever. You can file divorce on cruelty and desertion ( if two years of separation completed). Your evidence can help you in proving cruelty. Better show your evidence to local lawyer he can suggest you in a right way

Anonymous   07 March 2017

Thanks to all of you.

Helping Hand !  ​==>

Your case is complicated.  Remove these messages from pubic forum and discuss them in priavate with able advocate who deals with matrimonial disputes locally.

I understand and agree with you 100% the message should be removed from public forum.  When I tried to edit the initial thread, I was not able to.  It says it can be edited only within 24 hours.  Please guide me how to remove the thread.

Thanks again to all those who replied.

Administrator please remove the posts. 

 

 


(Guest)
Originally posted by : Anonymous
Thanks to all of you.

Helping Hand !  ​==>

Your case is complicated.  Remove these messages from pubic forum and discuss them in priavate with able advocate who deals with matrimonial disputes locally.

I understand and agree with you 100% the message should be removed from public forum.  When I tried to edit the initial thread, I was not able to.  It says it can be edited only within 24 hours.  Please guide me how to remove the thread.

Thanks again to all those who replied.

Administrator please remove the posts. 

 

 

Thats why you should think before posting anything on the Internet.  You may PM site admin regarding the same.

Sachin (N.A)     10 March 2017

Originally posted by : Anonymous
Thanks to all of you.

Helping Hand !  ​==>

Your case is complicated.  Remove these messages from pubic forum and discuss them in priavate with able advocate who deals with matrimonial disputes locally.

I understand and agree with you 100% the message should be removed from public forum.  When I tried to edit the initial thread, I was not able to.  It says it can be edited only within 24 hours.  Please guide me how to remove the thread.

Thanks again to all those who replied.

Administrator please remove the posts. 

 

 

 

When you are so scared of your wife that you even affraid of posting against her even as "Anonymous". Better to stop dreaming about filing a case.

Sachin (N.A)     10 March 2017

Originally posted by : Anonymous
Thanks to all of you.

Helping Hand !  ​==>

Your case is complicated.  Remove these messages from pubic forum and discuss them in priavate with able advocate who deals with matrimonial disputes locally.

I understand and agree with you 100% the message should be removed from public forum.  When I tried to edit the initial thread, I was not able to.  It says it can be edited only within 24 hours.  Please guide me how to remove the thread.

Thanks again to all those who replied.

Administrator please remove the posts. 

 

 

Why don't you delete your account, if you are not able to delete the postwink


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