LawRato

how to collect Evidence of Affair in India


04-Jan-2026 (In Divorce Law)
Hello, My husband and I are Indian citizens married and residing in different country. He had an extramarital affair and stayed with the other woman in a Delhi hotel for 3–4 days. I need legally obtained evidence to apply divorce case. I am aware of few dining areas, shopping areas they had been. Need to find hotel records is it via court order or police or through advocate? Please help advise and to get me the evidence, i am fine to hire and who is knowledge and can help me get this.TQ.
Answers (5)

Answer #1
716 votes
Respected ma'am! The hotels, etc. are not bound to preserve or handover their CCTV footages or their guest booking details to the needy party directly. Sending a Legal Notice would also not ensure that you would get the same by the hotel authorities, unless we formally lodge a police complaint and pursue the Investigation Officer of the matter to call for the records from the Hotel Authorities upon serving notice. In my past experience of similar cases, I have seen that the hotel booking details and CCTV footages are procured by the hotel security staff when a case is registered or under investigation. Please be noted that in order to secure specifically the CCTV footage, you need to act fast as the CCTV footage will not be there for long and it is quite possible that the hotel staff may delete it soon. In short, it is possible but with perseverance and constant follow-up. Good luck!
Helpful? LawRato LawRato
Answer #2
562 votes
Hi Once a divorce petition is filed, your advocate can move an application requesting the court to issue summons to the concerned hotel(s) to produce records such as guest registers, booking details, ID proofs, CCTV footage (if preserved), and payment records. Evidence obtained pursuant to a court order is legally valid.
Helpful? LawRato LawRato
Answer #3
569 votes
Ma'am in our system evidence if found to be relevant is admissible irrespective of the mode they are collected. However, particularly in the circumstances you have mentioned we can get tower location of your husband and her extra marital partner to establish the ground of adultery, that is too legally they can be obtained by the order of the competent court. For rendering precise advice a detailed analysis of the facts and other records are necessary.
Helpful? LawRato LawRato
Answer #4
590 votes
Hi there, there's no court order or police investigation through which you can obtain evidence. The best shot you have is to hire a private investigator service which will help you to gather relevant evidence. If you have any questions feel free to contact me.
Helpful? LawRato LawRato
Answer #5
527 votes
you can move an application in court seeking records of hotel and even freezing of cdr to establish what you are alleging. so technically Hotel Records Hotel booking details, check-in/check-out registers, CCTV footage, and payment records are not public documents. Such records cannot be directly obtained by a private individual or an advocate. However, these records can be summoned by the Court during the course of judicial proceedings, provided a prima facie case is made out and the relevance of such records is established.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."