Evidence to prove adultery

Evidence of Sexual intercourse outside one's spouse is required. Direct evidence is not insisted upon all the times, because it would be unnatural to do so, as people don't do such stuff in public gaze. Hence courts have been satisfied with circumstantial evidence. Circumstances should be such as would prove that in all probability adultery was committed. In this i) Hotel Reciepts ii) Chats/SMSes/Calls are relevant. 

o prove that adultery has taken place requires proof of "opportunity and inclination": 

“Opportunity” means that the spouse has been in the company of another at a place, and for a time, where s*xual intercourse could have occurred.


These are interesting requirements if you think about them in real life terms. Here again, a Judge has a great deal of discretion. No two judges see things alike. Five minutes in a phone booth may seem ample “opportunity” to Judge #1, but Judge #2 may not see it that way! Their differing perspectives may tell us more about their personal histories and s*xual proclivities than it does about adultery. Ten minutes alone in an office? One hour in a restaurant? Two rides on the ferris wheel? Five minutes under the canopy of the caterpillar?  One Court was unimpressed by a single mother’s proclamation that living alone with her seven year old eliminated “opportunity” to commit adultery. What did the Judge know? Even better, where Wife and her new “friend” lived in the same house and on the same floor of a lovely little bungalow owned by “friend” and Wife’s divorce attorney, one judge saw no adultery even when testimony showed that wife cleaned her new friend’s house, did his laundry, had dinner ready for him between ten and midnight when he came home and spent a lot of time lounging around in pajamas and a robe. The judge was so impressed with the honesty of these two “friends” that Husband was denied a divorce. Is there “opportunity” if the lights in the apartment didn’t go out? What if the visits to her apartment are all at 10:00 a.m.?  How much time did she and her personal trainer (6’2”, 225 pounds and “ripped”) spend in the sauna?  Proof that two people are “inclined” to commit adultery may consist of their public displays of affection, holding hands, kissing, hugging, their love letters, the flowery cards they sent back and forth on Valentine’s Day, p*rnographic emails, trips taken together to places other than the mall, etc., etc. About all that can be said about “proving adultery” is that opportunity without inclination is insufficient, and that inclination without opportunity is insufficient, and that to prove either one requires “corroboration”. Beyond that, we all fall into the abyss of discretion. To have “proof of adultery” means only that evidence has been collected which is “relevant” and “admissible in evidence” at a trial. Whether or not “proof of adultery” actually proves the adultery depends upon both upon the “weight” of the proof and the attitudes of the person who evaluates the evidence and makes a decision. The trial judge has enormous discretion. So does the appellate court. Either of them can justify almost any result if they choose to do so.

Its very difficult to prove orel,  need strong evidenc which prove that wife  living to another man in s*xual way. mostly court presumed circumtances evidence.
 but it should be prove you claim.

The Courts have held that the evidence needed is evidence of inclinationand 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".

The Courts have held that the evidence needed is evidence of inclinationand 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".