Does call details and eye witness sufficient for adultery ?

Call details, the witnesses who saw the man visiting your wife in your absence are good evidence to show the act of adultery on her part to get the marriage dissolved.

I'm not the judge so cannot say how much these will help you to get marriage dissolved but if the veracity of the witnesses who saw the man visiting your wife in your absence when she was alone at home is checked as correct you will get divorce.

Your question does it come under adultery? If there is a relationship outside the marriage, then yes it is under adultery. Yes she has the right to ask for maintenance. It is up to you or how your lawyer convinces the court regarding maintenance. If you have made your mind up regarding divorce then you should go ahead with it.

had you not dated; if so dated better forget these things; better trust what she says, just because she is interested to save the marriage so too u do else life is full of miseries  in 21st century culture you are in  sir. tks

Well Mr Amit,

Can U establish her adulterous act with her boyfriend in the court of law?

Call details are just not sufficient to prove prima facie act of UR wife.But the witness of UR neighbours may have an impact if U file a case against UR wife.

Remember adultery against a woman cannot be proved unless caught redhanded.

Yes !!

Indeed Mr Amit the evidences you have procured are enough to establish the charge of Adultery  However on the other hand it is also true that it is very difficult in court to establish this charge and it is of only expert’s and well educated Advocate’s Job in cross examination of the witness and create circumstantial evidences in the court to establish this charge and make bound the court to take cognizance on it .

Though the evidences you have gathered are enough but now it needs a careful handling in the court Sec 22A, 23, 65A, 65B, and 88A all  of Evidence Act  are taken care with in the court by an expert and experienced Advocate from your side.

Please note Adultery is done always in a secracy and  secretly to it is hard but not easy to establish it' Though it is correct that "in mid night two unrelated adults do not meet often for doing Pooja"., Circumstancial evidences also play major role to establish this saying.

If you suspect that she is still in touch with that guy while she is her parental home then hire a detective to get more convincing proofs regarding the adultery committed by her.if you could prove adultery charges againdt her and get divorce she won't be given maintenance

every one can be suspected, suspision can poison the truth. better be prudent sir,

I contradict the views of Adv  Balakrishnan.As per the query,the querist is confident of his wife's adultery,based only on the calls she was entertaining.No more evidence is established to prove her adultery,except the neighbours who (according to him) are that somebody is visiting the house in the absence of the querist.

Amit, u could have installed a cctv camera at your house after u got call details.

 

Based on what evidences u have ur wife can say that she was chatting with her friend (NOT BF ) at night as u never cared for her and stayed away from her. Regarding neighbours the question is did the neighbours see ur wife and her BF meeting inside the house and details of meeting as a eye witness ?????? .............

Its very difficult to prove adultery in court of law. If u can pardon her then its a different thing.

 

However if u want divorce then best option is to call her back and gather concrete evidence of her adultery.......... U should shoot with evidences right on the TARGET in the court of law and u can appear party in person, provided you have concrete evidences or else u will roam around the courts for 4-6yrs trying to prove Adultery in addition to paying maintenance to ur cheating wife.

 

All the Best !!

 

I too in a similar situation, but I have one more thing, recordings of vulgar talks with BF. How should I present this to shoot right on the Traget. Coming tegether and living not possible.

Mr Satyam post UR problem in a new thread.