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Procedure of divorce on the grounds of adultery
18-Jan-2023 (In Divorce Law)
I want to take the divorce from my wife because of Adultery case . No case is registered by Police . I have some proof like my wife maintain the personal mobile which is given by other person .Now i have that mobile along with sim card . If we take the call registry and smses that mobile number we can prove and some eye witness also there .Can i take the divorce from my wife ?
Hi
In order to take divorce from your wife on the grounds of adultery, you need to file a separate complaint under section 497 of IPC and enclose the FIR copy, Charge sheet, remand report of other person, along with your divorce petition.
Since in an adultery case, police will take permission from court , Police will mandatorily take permission from court to take cognizance of offence and once court gives permission to investigate, police will register the FIR and obtain call registry and sms details. Also eye witness can submit their statement to police.
In order to take divorce from your wife on the grounds of adultery, you need to file a separate complaint under section 497 of IPC and enclose the FIR copy, Charge sheet, remand report of other person, along with your divorce petition.
Since in an adultery case, police will take permission from court , Police will mandatorily take permission from court to take cognizance of offence and once court gives permission to investigate, police will register the FIR and obtain call registry and sms details. Also eye witness can submit their statement to police.
Helpful?
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39+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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your spouse had the chance to commit adultery, such as being alone with the other person, and.
your spouse had the inclination to commit adultery, meaning given the situation, sexual intercourse was likely to take place.
Direct Proof
Most people don't have direct proof of adultery, such as an eyewitness account. Cheating spouses usually try to keep a low profile, so evidence of an affair is hard to get. However, a seasoned private investigator (PI) may be able to find or capture their own photos or video footage of your spouse having a sexual encounter. Make sure your PI is certified in your state (if applicable) and well versed in state and federal privacy statutes: You don't want your own PI to break any laws while gathering evidence.
Indirect Proof
Your next option is to use indirect proof (or circumstantial evidence) of adultery to show:
your spouse had the chance to commit adultery, such as being alone with the other person, and
your spouse had the inclination to commit adultery, meaning given the situation, sexual intercourse was likely to take place.
Examples of circumstantial evidence showing opportunity include hotel or travel records, like booking confirmations and credit card receipts. Indirect proof of inclination could be public displays of affection, love letters, email messages, and text messages showing a romantic involvement.
If your spouse is having an affair, you should consider consulting with a divorce attorney before you do anything about it. Your lawyer can advise you on filing a divorce petition, whether or not you should base your divorce on adultery, and how to go about getting the evidence you need to prove your case.
your spouse had the inclination to commit adultery, meaning given the situation, sexual intercourse was likely to take place.
Direct Proof
Most people don't have direct proof of adultery, such as an eyewitness account. Cheating spouses usually try to keep a low profile, so evidence of an affair is hard to get. However, a seasoned private investigator (PI) may be able to find or capture their own photos or video footage of your spouse having a sexual encounter. Make sure your PI is certified in your state (if applicable) and well versed in state and federal privacy statutes: You don't want your own PI to break any laws while gathering evidence.
Indirect Proof
Your next option is to use indirect proof (or circumstantial evidence) of adultery to show:
your spouse had the chance to commit adultery, such as being alone with the other person, and
your spouse had the inclination to commit adultery, meaning given the situation, sexual intercourse was likely to take place.
Examples of circumstantial evidence showing opportunity include hotel or travel records, like booking confirmations and credit card receipts. Indirect proof of inclination could be public displays of affection, love letters, email messages, and text messages showing a romantic involvement.
If your spouse is having an affair, you should consider consulting with a divorce attorney before you do anything about it. Your lawyer can advise you on filing a divorce petition, whether or not you should base your divorce on adultery, and how to go about getting the evidence you need to prove your case.
Helpful?
45+
45+
Adv. P Gangopadhyaya
Visakhapatnam | 25+ Answers
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