using petition filed by third-party as evidence

Use the petition filed by wife of paramour of your wife and file a FIR against him.

He will be subjected to criminal activitty and will be behind the bar.

Once he accepts under relationship under police investigation . File the report into your divorce filing.

These things work if you are able to talk to wife of paramour of your wife.

You have good way to come out this mess. Use it intelligently.

Rightly advised by Whatnot.

Perfect.

Agreed.

Originally posted by : Torque9409
	My divorce petition is under cross. Meanwhile I came to know that my estranged wife is having an affair with someone and the wife of that person has filed a divorce petition under cruelty in the same court and has mentioned that my x is the reason behind their matrimonial dispute. I have got a copy of the petition. Can I use this as an evidence. Pls advice.

It proves nothing, you cannot use any such petition copy as evidence.  Adultery is not seen as offence under Hindu Marriage Act 1955, Hon SC also confirmed this time and again.

It is impossible to prove adultery.  Circumstantial evidence may prove to certain extent but not fully, such will be helpful only to get divorce and not to punish the wife.  You can make the other person whom your wife is having affair with a party to the case under section 497 IPC.  There is a fair chance of the man getting prosecuted for having s*x with your wife.  But here too your wife will not be punished.

The same applies to the case which you are talking about, in reverse order.

On the other hand if your charges/allegations cannot be proved in court of Law, there is a fair chance that you will do 7 years time in jail for being unable to prove adultery charges in court of Law.  

My opinion is, though a man knows about wife's adulterous behaviour, to seek divorce he can chose many other options available.

These cases will only consume time (6-7 years) if parties do not stop warring, the cases may continue for decades.  Its best to settle the matter by way of filing 497 petition against the guy.  You can ask the other woman also to do the same of asking her to file 494 case against your wife.  You contact that woman and you both contact me for further ideas.  I can assure you, you both with get divorce easily if you join hands.