Husband involved in adultery how to file for a divorce

670 votes

Hello this is vibhore goyal advocate regarding your inquiry about divorce matter. You can file a divorce petition in family court on the basis of cruelty and adultery and also claim maintenance. Plz contact me

Advocate Vibhore Goyal LawRato

878 votes

In case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation. The standard of proof in "proceedings under the Act being initially of a civil nature is by preponderance of, probabilities and not by proving it beyond reasonable doubt. General evidence of the ill-repute of the husband or of the lewd company that he keeps, or even that he knows the addresses of prostitutes and was seen with doubtful women, would neither prove nor probabilise adultery. Adulter , as a general rule, is proved by presumptive proof based on:

(i) circumstantial evidence,
(ii) evidence 0 non-access and the birth of children,
(iii) Contracting venereal disease,
(iv) evidence of visit to houses of ill-repute,
(v) admissions made In previous proceedings,
(vi) confessions and admissions of the parties Mere suspicion is not sufficient.

There must be circumstances amounting to proof that opportunities could be used, such as the association of the parties was so clear that adultery might reasonably be assumed as the result of an opportunity for its occurrence.

Advocate Manish Kumar Pandey LawRato

768 votes

Hi if you have details of sister husband about his watsapp and another chat details please collect them and save them these details can be used for filling of divorce under section 13 of hindu marriage act.

Advocate Vibhor Maheshwari LawRato