Wife staying separately from part 1 year how to prove it

555 votes

Hello,

In case of adultery, you need to prove that your wife is having adulterous relationship with her paramour beyond doubt. It is difficult to prove adultery but not impossible if you have substantial and precise evidence at your possession. Direct evidence is difficult to obtain and one has to rely on circumstantial evidence and the same may also to be sufficiently proved which suggests adultery. Please note that the onus of proving adultery in a divorce case is on the person who makes the allegation. Also, the standard of proof in "proceedings under the law being initially of a civil nature is by preponderance of, probabilities and not by proving it beyond reasonable doubt.

Direct Proof:

It is always difficult for the husband to have direct proof of adulterous activities of his wife such as eyewitness so evidence of an affair is hard to get. However, you can take help of a private investigator who may help you by finding or capturing your wife and her lover's photos or video footage of your wife having a sexual encounter with her lover.

Indirect Proof:

Another option is to use indirect proof (or circumstantial evidence) of your wife's adulterous activities to show that:

1. Your wife had the chance to commit adultery, such as being alone with the other person, and your wife had interest to commit adultery, meaning at the end that evidence should suggest that sexual intercourse was to likely take place.

Examples of circumstantial evidence:

Showing hotel or travel records, like booking confirmations and credit card receipts. Indirect proof of interest could be public display of affection (PDA), love letters exchanged , email messages sent and received, text messages between your wife and her lover showing romantic interaction. Engage a good and experienced divorce lawyer for fighting the case. Hope this helps. All the best!

Advocate B. Srikiran LawRato

817 votes

Hi
There is no proof for non consummation of marriage.
Your wife should have physically been separated from you by means of she residing in an alternative location or town etc.
A mere affidavit that your wife is not living with you for last 18 months is sufficient enough.
if you want add merit to your case, file a case of adultery u/s 497 of IPC in the nearest police station and then use the FIR as evidence in your divorce case.
Hope this information is useful

Advocate Rajagopalan LawRato