673+ Lawyers are online 
Wife having extramarital. Caught with audio recording.
26-Sep-2023 (In Divorce Law)
My brother's wife is having extramarital affair. They are Hindu, married for almost 4 years and have a son of almost 3 years. We got a recording which she accidentally recorded on her phone about her conversation with her BF. The matter has not be disclosed to her yet.
My questions:
1. She is very image conscious and overly defensive. If we disclose her act of adultery to her family, she may even attempt suicide. How to prevent ourselves from such situations.
2. We got a spyware installed in her phone. Now we are getting continous call recording in which they the guy has acknowledged having oral sex with her. Is this proof sufficient in court to prove adultery?
3. If we can disclose the matter to her family and we make a video of her confession in front of her family, can this be considered as the ultimate proof of adultery in court?
4. If adultery is eventually proved in court, do we still need to pay maintenance to her for divorce? (She is a housewife)
Please advise.
Thanks!
Hi first of all no u don’t need to pay anything as u have said that u have all the evidence and all against the women and all u can tell the court that this is the recording and all where the women is highly educated and all and she herself admits that she is been having an affair and all wiht someone else and all so my point of view will be no need
Helpful?
31+
31+
Adv. Yash Karan Jain
Delhi | 400+ Answers
CONTACT NOW
Hi,
An admission before the Hon'ble Court about committing adultery shall be sufficient to hold that she has committed adultery. Moreover, a corroborating statement by her boyfriend in court shall be cherry on top of the cake.
You need not pay any maintenance if the divorce is granted on this ground.
For more information, feel free to have a word with me. All the best.
Helpful?
40+
40+
Adv. Sahej Uban
Delhi | 700+ Answers
CONTACT NOW
Adultry is a very good defence to proved that wife is unchaste and its a very good defence to cancel maintainence.also we can use other means to cancel the maintaince.contact me by clicking on my name..
Helpful?
39+
39+
Adv. Akansha Singh
Delhi | 25+ Answers
CONTACT NOW
Dear Client
The recordings in itself are proof enough of adultery if there are talks of intimate nature in the conversation. You do not need to get her to make a confession video etc. However, you cannot submit before court that you got these recordings through spyware. It has to be put differently so as to not give her grounds for breach of privacy etc. It is law that an adulterous wife cannot seek maintenance. What I suggest is that you should immediately file for divorce and custody of the child before the family court on the grounds of adultery and cruelty with the transcripts of all such recordings put in detail in the pleadings. Untill adultery is proved it is possible that she might secure maintenance, however, it depends on our presentation of the case and the judge's discretion.
In case she agrees to give you a mutual consent divorce you may decide terms and conditions of alimony and custody therein also.
Please feel free to contact for a detailed discussion on the issue since sound legal advise can only be given after having a detailed discussion. You may also make an appointment with me to meet at my office.
Helpful?
49+
49+
Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
CONTACT NOW
Dear Client,
you must know that very clear no vague, or copy cat or Doctored audio and video are acceptable evidence under IT act / Electronic Evidence Act. but still proving Adultery is some how difficult, unless solid evidence where court would have no option but to accept. if Adultery proved no maintenance.
Helpful?
46+
46+
Adv. Sanjay Kr. Jha
Delhi | 200+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
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."
