Can I divorce my wife on ground of sexual relations with other men


After 12 years of marriage I got to know my wife is sexual relationships with man. As she spend one night in his ( her boyfriend) house in last January. She left mother home after saying that she is going to his home. But she went to his boyfriend house and sleep with him. And reach to my house next morning. As I got to know the same next day evening from my daughter who was in her nani home. Then I searched her call records and find she was continuously talking to her boyfriend from 2015. Then I found our society entry gate register. Where her boyfriend car entry on every 2nd and 4th Saturday. Also there was one more boyfriend entry who stay my flat for 4 hours in my absence with my wife. I just want to know that call statement and Flat register entry of two men in my absence on different different days, are enough to prove her sexual relationships with these men.

Answers (4)


263 votes

For filing divorce on the ground of extramarital affair you will need very solid and direct evidence. Although the car number entries and phone call log are but only circumstantial evidence which are not enough for proof of extramarital affair. If you can get some eye witness who had seen her friends coming and exiting from your flat, he can be helpful.


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272 votes

yes you can divorce your wife on the ground of adultery . strict proof is sufficient as mentioned in question
Whoever has sexual 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 sexual intercourse not amounting to the offense of rape, is guilty of the offense of adultery.
According to Hinduism dictionary,” Adultery is sexual intercourse between a married man and a woman not his wife, or between a married woman and a man not her husband.”
adultery is, as a general rule, proved by presumptive proof based upon;
(a) circumstantial evidence;
(b) evidence of non-access and the birth of children;
(c) contracting venereal diseases;
(d) by evidence of visits to house of ill-repute;
(e) decrees and admissions made in previous proceedings; and
(f) confessions and admissions of the parties which should be generally corroborated though in exceptional circumstances, even if uncorroborated may be acted upon.
Therefore, it is important to understand that mere bald allegations by a spouse that his/her partner was having adulterous relationship with his/her lover after marriage, in absence of any cogent evidence, would not be sufficient to prove.

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254 votes

Dear Client,
Mere a presumption of sexual relation with other will not suffice the cause. The same has to be proved beyond the reasonable doubt. Call statement and entry in the flat register will not prove it beyond the reasonable doubt.
However if you have certain messages in watsapp or Facebook which clearly indicates the same then the position would be different.

In case of filing divorce on the ground of adultry -

Anything short of a sexual intercourse can not be used as a ground for divorce or judicial separation.

Unlike the stand of the law in past, where adultery had to be proved beyond reasonable doubt, the Supreme Court has opined in the case of Dastane vs. Dastane, that proving beyond reasonable doubt is applicable in criminal cases only, not in civil cases, especially not in those relating to matrimony.

Always implead the adulterer as a co-respondent in the suit against your spouse. Failing to do so may become a ground for rejection of your suit. Different courts have been of different opinion regarding this. However, it is always better to be on the safer side.

If you condone the acts of your adulterous spouse, and after that he or she doesn’t commit any act of adultery, you lose your ground for divorce or judicial separation.

Evidences that would be treated as a conclusive evidence of adultry.

Birth of an illegitimate child which i believe that this will not be in your case.

Contraction of a venereal disease by the unfaithful spouse.

Witnesses, photographs and videos (solely for the purpose of evidence, without violating any law of the land at the time being) of the commission of the extra marital affair.

Whatsapp messages or email exchanges that come to your knowledge or possession.

I presume that all the queries raised by are are replied adequately. If any other legal advice is required for the same feel free to contact.

Regards,
Tushar Bahadur,
(Advocate).
High Court Lucknow.

328 votes

It is sufficient proof but if you able to get any video recording of car entry or any recording of building/floor CCTV, it is more easy for you, of if she admit it herself.
You don't need to give any maintenance if you able to proof her illigitimate relationships.
Regards

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