How to get divorce on grounds of adultery

842 votes

Hello dear client,
Yes you can file a divorce against your wife.
Generally its a very tough task to prove that she has an affair with some one else. If you have sufficient proof than you may file a case of adultery against the man who have an affair with your wife.

if you manage to prove adultery, then she won't get maintenance or alimony.
no matter you are able to prove or not, it is better to take precautionary stuff so as to reduce alimony, but sincerely advise to go for proving adultery.
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.
All the best

Advocate Akash Tiwari LawRato

754 votes

Adultery is a very good ground for Divorce, but evidence has to be provided by the person concerned. Just mere on allegations this can't be presumed to be right.
There is a baby existing after marriage, whom you are not denying that is yours, then charge of adultery will be very hard to proof.
Divorce on the ground that she was having physical relationship with many other guys before marriage is not sustainable in the eye of law.
But you want Divorce, then go for it anyway. In my opinion consult with a practising lawyer in the field of matrimonial matters personally.
Thank you

Advocate Amit Ranjan Mishra LawRato

657 votes

Burden of proof is upon you to prove your wife a character less lady. If you have strong evidence of adultery of your wife than you can file divorce petition.
Your wife can file defamation case against you. She can also file dowry case, domestic violence case and maintenance case against you.

Advocate Rajat Bansal LawRato