What que. prosicution side asks to prove Adultry ?

it depends upon the story.

1. A married Person leaves matromonial home and living as "guest" in one of the floors of a bunglow of a un married person. Here the un married person lives all alone at ground floor and he has given two floors for rent / for guest usage. But here only the first floor is on rent whereas the second floor is occupied by this married person !


The above are the facts. Now what you may say ! 

first of all, if the person is lady and someone demand that the lady is his wife, by any authentic record, prefarably govt. record, then the husband of the lady can bring a charge of adultry u/s 497 of ipc against the adultrous male. but the lady can not be punished by this act.

if the husband wants to punish the lady, ie his wife, he has to bring the charge of adultry against the lady u/s 13 of hma or the act applicable to the spouses. the adultrous male will be co accused.

there is diffrence in act 

- between male and female.

- between married man and married female.

So, simply living as guest (a married lady ) of a person can one proove adultry ?

What better "beyond doubt" proof needed other than that person has stated under a "Oath affidavit" "the married lady lives at second floor of his house alone but as a guest" is this statement enough !

Can a person keep a "married lady undergoing divorce litigations as guest" ? Yes I say what about you ?

What else comes out here ???

So how to prove "adultry" then ? situation (affidavit of that person) is not much helpful there must be something so you tell now.....

He has not been called yet for "cross" If he is called then what questions ??????

497. Adultery.--Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

IT DEPENDS UPON THE DOCUMENTS AVAILABLE WITH THE HUSBAND.

that person has stated under a "Oath affidavit" "the married lady lives at second floor of his house alone but as a guest" is this statement enough !

NO. NOT ENOUGH.

THE ADULTOR CLAIMING THAT THE LADY IS HIS GUEST ONLY. IT IS NOT ENOUGH.

SEXUAL RELATIONSHIP BETWEEN THE WIFE AND THE ADULTER MUST BE PROOVED.

LOOK AT THE ACT - SEXUAL INTERCOURSE IS IN QUESTION.

DO YOU REQUIRE SOME EXAMPLES OF IT?

Can a person keep a "married lady undergoing divorce litigations as guest" ?

- Yes, no legal bar on it.

the said  affidavit is "the married lady lives at second floor of his house alone but as a guest" it can not be a proof of  the s*xual intercourse.

therefore some more things to explore.

tap the neighbours. may engage a detective also. but fast and foremost thing is whether the s*xual intercourse took place at all or not.

tap the servents also. may get some useful informations also.

check whether lady keep her kids or not on that flat.

tell the party to observe every small things to note. may be used in future.

is the party sure that, they established adultrous relationship?

suspecion is not the concreate proove.

then what questions ?

- not enough. find more. because it should be proved beyond reasonable doubt.

as i said try to tap servents neighbours, and lads of the area.

some times jelousy of ladies works well.

is there any nearby building where from one can watch inner side of the flat?

without proper data it can not be proved.